HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3147 of 2025 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard learned counsel for the petitioner, Mr. Arunesh Singh, learned Standing Counsel for the State-respondents and Mr. Sher Bahadur Singh, learned counsel for the respondent- Gaon Sabha. 2. The instant petition has been filed for the following reliefs: "A- A writ of Mandamus or a wit in the nature of Mandamus or any other appropriate writ, order or direction under Article 226 of the Constitutional of India against the second respondent/respondents commanding. I. To forthwith take legal actions to remove the encroachment from the Plot No. 52/0.016 Hectare, a land of chak road, as recorded in revenue records, as being exhibited in Annexure No. 14, 15 and 16 to this P.I.L. petition, situated at Goppur, P.O. Bhathar, Gram Panchayat-Mirpur, Pargana- Ghisua, Tehsil-Machhali Shahar, District-Jaunpur and restore it to its original condition, inter-alia. II. To forthwith take a legal duty to remove or cause to be removed the encroachment within a reasonable course of time in Public welfare and in the interest of a speedy eviction of the disputed Plot No. 52/0.015 Hectare, a land of chakroad, recorded in revenue records or III. To forthwith direct to the appropriate authority to remove or cause to be removed encroachment caused upon Plot No. 52/0.016 Hectare, a land of chakroad, recorded in revenue records, in contravention of the provisions of statutory law. Versus Counsel for Petitioner(s) : Radhey Shyam Yadav Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C. Tribhuwan Nath .....Petitioner(s) State Of U.P. And 10 Others .....Respondent(s) B- To forthwith direct the Respondent authorities to take appropriate legal action against the encroachers as referred to respondents Nos. 7 to 11 in accordance with law. C- To forthwith direct the Respondent authorities to ensure that no further encroachments occur on the disputed Plot No. 52/0.016 Hectare, a land of chak road, as recorded in revenue records." 3. Learned counsel for the petitioner submitted that in spite of the order passed under Section- 122B of U.P.Z.A.&L.R.Act / 67 of U.P. Revenue Code, 2006 for eviction and damages, the order has not been given effect on spot in proper manner. 4. I have considered the argument advanced by learned counsel for the petitioner and perused the records. 5. There is no dispute about the fact that the order for eviction and damages was passed under Section- 122B of U.P.Z.A.&L.R.Act / 67 of U.P. Revenue Code, 2006 in respect to the plot in question. 6. Under Para 460 of U.P. Revenue Court Manual, the provision for execution has been prescribed for execution of the order passed under Section 67 of U.P. Revenue Code, 2006. 7.The public interest litigation cannot be entertained for execution of the order passed under Section- 122B of U.P.Z.A.&L.R.Act /67 of U.P. Revenue Code, 2006. 8. The instant public interest litigation is dismissed with observation that the appropriate proceeding can be initiated in accordance with law as prescribed under Para 460 of U.P. Revenue Court Manual. October 14, 2025 Rameez WPIL No. 3147 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad