Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3102 of 2025 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J. 1.Heard learned counsel for the petitioner, Mr. Anil Kumar Srivastava, learned Standing Counsel for the State-respondents and Mr. Kaushal Kishore Mani, learned Counsel for the Gaon Sabha. 2.The instant public interest litigation has been filed for the following relief:
"(a) Issue a writ, order or direction including a writ in the nature of MANDAMU issue an ad-interim mandamus commanding and directing the respondent No.2 and 3 to remove illegal encroachment/ construction by the respondent No. 5 to 8 over khasra No.589 ( a skin Shed) Khasra No. 591 ( a cowshed) and 588 ( a pond) and recorded in the revenue records situated at village Panchayat-Ambehta, Chand Bhagwanpur, Tehsil-Ramnpur Maniharan, District-Saharanpur."
3. Leaned counsel for the petitioner submitted that in spite of the final order passed in the proceeding under Section 67 of U.P. Revenue Code, 2006, the order has not been given effect on spot, as such necessary direction be issued for removal of encroachment from the plot in question. 4. Learned Standing Counsel for the State-respondents and learned counsel for the Gaon Sabha 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. Versus Counsel for Petitioner(s) : Dharmendra Kumar, Munna Babu Counsel for Respondent(s) : C.S.C., Kaushal Kishore Mani Braj Bhusan Singh .....Petitioner(s) State Of U.P. And 7 Others .....Respondent(s)
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 on 25.01.2025 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 14, 2025 PS* WPIL No. 3102 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad