HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3113 of 2025 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Mr. Saurabh Tripathi & Mr. Rahul Singh, learned counsel for the petitioner, Mr. Pradeep Singh, learned counsel for the respondent No.7-Gaon Sabha and learned Standing Counsel for the State-respondents. 2. The instant petition has been filed for the following relief: "(1). issue a writ, order or direction, in the nature of mandamus commanding the respondent authorities to immediately remove the illegal encroachment made by respondents no. 8 to 10 over the Gata No. 852 in Khata No. 00450 recorded as Chak Marg in village Pacherua, Pargana Haveli, Tehsil Chunar, District Mirzapiur. (ii). issue a writ, order or direction, in the nature of mandamus commanding the respondent authorities to ensure permanent protection of the Chak Marg/Road from further encroachment and restore public access. Versus Counsel for Petitioner(s) : Rahul Singh, Saurabh Tripathi Counsel for Respondent(s) : Pushkar Kushwaha, C.S.C., Pradeep Singh Ramjanm Giri .....Petitioner(s) State Of U.P. And 9 Others .....Respondent(s) iii. That issue a writ, order or direction, in the nature of mandamus commanding the respondent Police authorities to register appropriate criminal case against the said encroacher and to take effective steps in accordance with law." 3. Learned counsel for the petitioner submitted that petitioner- Ramjanm Giri son of Lallu Giri is bhumidhar of plot No.851. He further submitted that proceeding under Section 30 of the Revenue Code, 2006 has been initiated by the petitioner's father Lallu Giri which was registered as case No. 5811 of 2017. The Additional District Magistrate (F & R) Mirzapur vide order dated 30.07.2018 decided the matter and directed for correction of map in respect to the plot No.851. He further submitted that plot No.852 is recorded as chak marg and 853 is recorded as chak nali. He submitted the proceeding under section 67 of U.P. Revenue Code, 2006 has been initiated and Tehsildar vide order dated 20.09.2023 passed the order for eviction and damages against Parmeshwar Singh son of Nandan Singh in respect to the plot Nos.852 and 853. He submitted that after passing of the order by Tehsildar under Section 67 of U.P. Revenue Code, 2006 respondent Nos.8 to 10 Shaym Dhar Giri and others have encroached the plot Nos. 852 and 853, but no steps has been taken against the respondent nos.8 to 10 by the authorities, as such direction be issued for removal of encroachment of respondent Nos.8 to 10 in respect to plot No.852 4. I have considered the arguments advanced by learned counsel WPIL No. 3113 of 2025 2 for the petitioner and perused the record. 5. There is no dispute about the fact that plot No.851 is recorded in the name of the petitioner, plot No.852 is recorded as chakmark and 853 is recorded a nali. There is no dispute about the fact that earlier order for eviction and damages was passed by Tehsildar in respect to plot Nos.852 and 853 against the Parmeshwar Singh son of Nandan. He further submitted that respondent Nos.8 to 10 have encroached the plot Nos.852 and 853. 6. It is material to mention that petitioner is bumidhar of plot No.851, as such public interest litigation at the instance of the petitioner cannot be entertained in respect to adjacent plot Nos.852 and 853. 7. The argument advanced by learned counsel for the petitioner that his personal right has been affected by encroachment of plot No.852 and 853, as such proper action be taken against the respondent Nos.8 to 10 cannot be accepted on the basis of public interest litigation. 8. The private dispute cannot be settled in the public interest litigation. 9. Under para-460 of U.P. Revenue Court Manual, procedure has been prescribed for implementation/ execution of the order passed in the proceeding under Section 67 of U.P. Revenue Code, 2006, 10. If fresh encroachment has been made by new parties, the authorities are free to initiate the proceeding but repeated public interest litigation at the instance of the petitioner who is adjacent tenure holder cannot be entertained. WPIL No. 3113 of 2025 3 11. Considering the entire facts and circumstances of the Case, the instant public interest litigation is dismissed. October 14, 2025 PS* WPIL No. 3113 of 2025 4 (Chandra Kumar Rai,J.) Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad