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Neutral Citation No. - 2025:AHC:28575 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 430 of 2025 Petitioner :- Shiv Dayal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kamlesh Kumar Tiwari Counsel for Respondent :- C.S.C.,Hari Narayan Singh Hon'ble Chandra Kumar Rai,J. 1.Heard learned Counsel for the petitioner, Mr. Ravi Singh Parihar, learned Standing Counsel for the State-respondents and Mr. Hari Narayan Singh, learned counsel for the the Gram Sabha. 2.The instant public interest litigation has been filed for the following relief:
"i. Issue a writ order or direction in the nature of mandamus commanding the respondent no.3 to comply his order dated 30.05.2023 in proceeding under Section 67 of U.P. Revenue Code, within any stipulated period as this Hon'ble Court may deem fit and proper. 2.Issue a writ, order or direction in the nature of mandamus directing t o the District Magistrate/ respondent No9.2 to decide the petitioner's representation dated 10.07.2024 within any stipulated period as this Hon'ble Court may deem fit and proper."
3. Learned counsel for the petitioner submitted that in spite of the
order dated 30.05.2023 passed by Tehsildar under Section 67 of U.P. Revenue Code, 2006 in respect to the plot in question, the same has not been given effect on spot as such proper direction be issued for compliance of the order dated 30.05.2023 passed in the proceeding under Section 67 of U.P. Revenue Code, 2006.
4. I have considered the arguments advanced by the learned counsel for the parties and perused the record.
5. There is no dispute bout the fact that order for ejectment and damages under Section 67 of U.P. Revenue Code, 2006 has been passed by Tehsildar on 30.05.2023 in respect to the plot in question.
6. Under para No.460 of U.P. Revenue Court Manual, provision has been made for implementation/ execution of the order passed in the proceeding under Section 67 of U.P. Revenue Code, 2006.
7. Considering the entire facts and circumstances of the case, the instant public interest litigation is disposed of with observation that appropriate proceeding can be initiated for execution of the order passed under Section 67 of U.P. Revenue Code, 2006 as prescribed under para 460 of the U.P. Revenue Court Manual.
Order Date :- 28.2.2025 PS* Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad