HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3096 of 2025 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Mr. Markande Singh Yadav, learned counsel for the petitioner, Mr. Mridul Kumar, learned standing counsel for the state- respondents and Mr. Bhupendra Kumar Tripathi, learned counsel for the respondent-gaon sabha. 2. The instant Public Interest Litigation (P.I.L.) has been filed for the following reliefs:- "(i) Issue a writ, order of direction in the nature of mandamus directing the respondent nos. 2, 3 and 4 to dispossess the illegal encroachment of the respondent no. 6 from the gaon sabha land in question i.e. nature of pashuchar of arazi no. 21Ka area 1.5010 hectare situated in Village- Jagdishpur Pandey, Gaon sabha- Jabarapar, Tehsil Jakhaniya, District- Ghazipur. (ii) Issue a writ, order of direction in the nature of mandamus directing the respondent authorities to decide the application dated 22.04.2025 (Annexure No. 4) of the petitioner within stipulated period.." 3. Counsel for the petitioner submitted that in spite of the order passed by the Tehsildar on 26.12.2008/24.1.2025 for ejectment and damages in respect to the plot in question, the order has not been given effect to. He submitted that appropriate direction be issued for removal of illegal encroachment from the plot in question in Versus Counsel for Petitioner(s) : Markande Singh Yadav, Sajan Kumar Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C. Arvind Panday .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) pursuance of the order passed by the Tehsildar on 26.12.2008/24.1.2025. 4. Learned standing counsel and the counsel for the gaon sabha submitted that the instant public interest litigation for implementation of the order passed in the proceeding under Section 67 of the U.P. Revenue Code, 2006 / 122-B of the U.P. Z.A. & L.R. Act is not maintainable. 5. I have considered the arguments advanced by learned counsel for the parties and perused the records. 6. There is no dispute about the fact that the order for ejectment and damages has been passed by the Tehsildar in respect to the plot in question on 26.12.2008/24.1.2025. 7. For execution of the order passed under Section 67 of the U.P. Revenue Code, 2006/122-B of the U.P. Z.A. & L.R. Act, remedy is provided under paragraph 460 of the U.P. Revenue Court Manual, as such, the instant P.I.L. cannot be maintained for implementation of the order passed in the proceeding under Section 122-B of the U.P. Z.A. & L.R. Act. 8. The P.I.L. is accordingly dismissed with observation that proper proceeding can be initiated according to the provision contained under Para 460 of the U.P. Revenue Court Manual. October 14, 2025 C.Prakash WPIL No. 3096 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad