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Neutral Citation No. - 2025:AHC:23058 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 335 of 2025 Petitioner :- Parivartan Singh Respondent :- State Of U.P. And 43 Others Counsel for Petitioner :- Ashok Kumar,Indrapal Vishwakarma Counsel for Respondent :- C.S.C.,Pradeep Singh Hon'ble Chandra Kumar Rai,J.
1. Heard learned counsel for the petitioner, Mr. Raj Kumar Singh, learned standing counsel for the state-respondents and Mr. Pradeep Singh, learned counsel for the respondent- gaon sabha.
2. The instant writ petition has been filed for the following relief:-
"1. Issue a writ, order or direction in the nature of mandamus, commanding and directing the respondent nos. 2 & 3 to implement the orders of ejectment and imposing damages, passed by respondent no.3, in a proceeding under Section 67 of the U.P. Revenue Code, 2006 in respect of village Purkhas Pargana- Barahar, District Sonbhadra. (Annexure No.2 as mentioned in paragraph no.6 of the writ petition.
3. Counsel for the petitioner submitted that in spite of the
order passed by the Tehsildar under Section 67 of the U.P. Revenue Code, 2006 for ejectment and damages in respect to the plots in question, particulars of which are given in paragraph no.7 of the petition, the order has not been given effect to. He submitted that appropriate direction be issued for removal of illegal encroachment from the plots in question.
4. Learned standing counsel and the counsel for the gaon sabha submitted that the instant public interest litigation for implementation of the order passed in the proceeding under Section 67 of the U.P. Revenue Code, 2006 is not maintainable.
5. I have considered the arguments advanced by learned counsel for the parties and perused the records.
6. There is no dispute about the fact that the order for ejectment and damages has been passed by the Tehsildar in
respect to the plots in question, particulars of which are given in paragraph no.7 of the affidavit in support of the petition.
7. For execution of the order passed under Section 67 of the U.P. Revenue Code, 2006, remedy is provided under paragraph 460 of the U.P. Revenue Court Manual, as such, the instant P.I.L. cannot be maintained for implementation of the order passed in the proceeding under Section 67 of the U.P. Revenue Code, 2006.
8. The P.I.L. is accordingly disposed of with observation that proper proceeding can be initiated according to the provision contained under Para 460 of the U.P. Revenue Court Manual.
Order Date :- 18.2.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad