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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3214 of 2025 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J. 1.Heard learned counsel for the petitioner, Mr. Hari Mohan Srivastava, learned Additional Chief Standing Counsel for the State-respondents and Mr. Sudhhir Bharti, learned Counsel for the Land Management Committee. 2.The instant public interest litigation has been filed for the following relief:
"(i). issue a writ of mandamus direct the respondent authority to immediately take action for removing the encroachment of respondent no. 6 over the gata number 262/0.002 hectare recorded as public path (chak marg) in revenue record, situated in Village Semra, Tehsil Deoria, District Deoria in compliance of
order dated 27.4.2024 passed by respondent no. 4."
3. Leaned counsel for the petitioner submitted that in spite of the
order passed in the proceeding under Section 67 of U.P. Revenue Code, 2006, order has not been given effect on spot. He further submitted that no appeal or revision has been filed by respondent No.6 against the final order passed by Tehsildar dated 27.04.2024 as such necessary direction be issued for removal of Versus Counsel for Petitioner(s) : Brij Bhushan Prasad Shrivastava Counsel for Respondent(s) : C.S.C., Sudhir Bharti Mainuddin .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
encroachment from the plot in question, which is recorded as Barren Land in the revenue record.
4. Learned Standing Counsel for the State-respondents and
learned counsel for the Land Management Committee submitted that provisions has been made under Para-460 of U.P. Revenue Court Manual for the implementation/ execution of the orders passed under Section 67 of U.P. Revenue Code, 2006.
5. I have considered the arguments advanced by the learned counsel for the parties and perused the record.
6. There is no dispute about the fact that order for ejectment and damages under Section 67 of U.P. Revenue Code, 2006 has been passed by Tehsildar against the private respondents in respect to the plot in question.
7. Under para-460 of U.P. Revenue Court Manual, procedure has been prescribed for implementation/ execution of the order passed in the proceeding under Section 67 of U.P. Revenue Code, 2006, as such instant public interest litigation cannot be entertained.
8. Considering the entire facts and circumstances of the Case, the instant public interest litigation is dismissed with observation that proper proceeding as prescribed under para 460 of the U.P. Revenue Court Manual can be initiated in accordance with law. October 29, 2025 PS* WPIL No. 3214 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad