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Neutral Citation No. - 2025:AHC:27046 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 413 of 2025 Petitioner :- Himmat Singh Yadav Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ashok Kumar Upadhyay,Dhirendra Singh Rajput Counsel for Respondent :- C.S.C.,Deepak Gaur 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. Deepak Gaur, learned counsel for the the Land Management Committee. 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 directing the respondents to comply the judgment and order dated 11.10.2023 passed by Assistant Collector (Ist Class) Tehsildar Orai in Case No.3558 of 2023 Gaon Sabha Vs. Rajkumar, under Section 64 of U.P. Revenue Code, 2006, whereby the respondent No.6 has been directed to be evicted from the khata No.56 Khasara No.72/3 part of are 0.1830 hectare i.e. 250 square feet i.e. 23.225 square meter situate in the Mauja Ita Rora, Pargana and Tehsil Orai recorded as 'Banjar' in the khatauni of 1428-1433 Fasli by having constructed a pakka dukaan/shop of a welding wor4dshop and a compensation of Rs. 19,161 and execution expense of Rs.1,000/- have been imposed against him and the respondent No.6 may be evicted from the land in dispute and the illegal construction may be demolished and the compensation and the execution fee may be realized from the respondent No.6 and the land may be taken in the possession of gaon sabha forthwith."
3. Learned counsel for the petitioner submitted that inspite of the
order passed in the proceeding under Section 67 of U.P.Revenue Code, 2006, order dated 11.10.2023 passed by Tehsildar under Section 67 of U.P. Revenue Code, 2006 has not been given effect on spot.
4. Mr. Hari Mohan Srivastava, learned Additional Chief Standing Counsel for the State-respondents and Mr. Deepak Gaur, learned counsel for the Land Management Committee submitted that public interest litigation for implemention of the order passed under section 67 of U.P. Revenue Code, 2006 cannot be entertained.
5. I have considered the arguments advanced by the learned counsel for the parties and perused the record.
6. 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 in respect to the plot in question.
7. 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.
8. Considering the entire facts and circumstances of the Case, the instant public interest litigation is disposed of with observation that proper proceeding can be initiated in accordance with law as prescribed under para 460 of the U.P. Revenue Court Manual.
Order Date :- 27.2.2025 PS* Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad