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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3122 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. Azad Rai, learned counsel for the respondent- Gaon Sabha.
2. The instant petition has been filed for the following relief:
"issue a writ order or direction in the nature of mandamus directing the respondents authority to immediately take the action for removing the encroachment of respondent no.6 over the gata no.299/0.024 hectare recorded as public pond in revenue record, situated in Village- Pattishah, Tahsil- Khaga, District- Fatehpur by implementing of
order dated 25.10.2024 passed by respondent no.4"
3. Learned counsel for the petitioner submitted that in spite of the order passed under Section 67 of U.P. Revenue Code, 2006 for eviction and damages, the order has not been given effect on spot in proper manner. He further submitted that the private respondent no.4 against whom the
order for eviction was passed has not vacated the plot in question nor deposited the amount of damages, as such, necessary action should be taken against respondent no.4.
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 has been passed under Section 67 of U.P. Revenue Code, 2006 in respect to the plot in question. Versus Counsel for Petitioner(s) : Sharad Kumar Srivastava Counsel for Respondent(s) : Azad Rai, C.S.C. Gulab Singh .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
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 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. 3122 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad