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2025 DAILYLAW 194050 (ALL)

JAINENDRA KUMAR v. STATE OF U.P. AND 4 OTHERS

WPIL/3137/2025 · 2025-10-13

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3137 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 relief: "issue a writ order or direction in the nature of mandamus directing the respondents to remove the unauthorized encroachment by private respondents in Gata No.254 area 0.817 hectare situated at Village- Harpur, Tappa Lehra, Pargana Haveli, Tahsil- Farenda, District- Maharajganj which is recorded as Public Utility Land Bhita forthwith." 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 earlier two public interest litigation have been filed by the petitioner and the same were disposed of with the observation that the encroachment which was made has been removed from the plot in question. He further submitted that the respondents against whom the order for eviction was passed has again made encroachment over the plot in question, as such, proper action be taken against the private respondent. 4. I have considered the argument advanced by learned counsel for the petitioner and perused the records. Versus Counsel for Petitioner(s) : Anjali Dubey Counsel for Respondent(s) : C.S.C., Gauri Shankar Yadav, Sudhir Bharti Jainendra Kumar .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 5. There is no dispute about the fact that the order for eviction and damages was passed under Section 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 repeated public interest litigation cannot be entertained for removal of encroachment from the plot in question. 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. 3137 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad