HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3240 of 2025 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard learned counsel for the petitioner, Mr. Anil Kumar Srivastava, learned Standing Counsel for the State-respondents and Mr. Hari Narayan Singh, learned counsel for Gram Sabha. 2. The instant public interest litigation has been filed for the following relief: "i. Issue a writ of mandamus or any other suitable writ, order, or direction commanding the respondents no. 2 to 5 to immediately remove the illegal encroachment and unauthorized construction raised by respondent nos. 6 and 7 on government land (बाल वािटका), Gata No. 355, Gram Achhrauda, Tehsil Sadar, District Farrukhabad. ii. Direct the District Magistrate, Farrukhabad, to ensure compliance of the order dated 29.12.2020 passed in Case No. 06767/2018 under Section 67 of the U.P. Revenue Code, 2006. iii. Direct the State Government to initiate disciplinary proceedings against the erring officials who failed to prevent or remove the illegal construction despite prior complaints and judicial orders." 3. Learned counsel for the petitioner submitted that in spite of the order dated 28.02.2020 passed in the proceeding under Section 67 of U.P. Revenue Code, 2006 against private respondent no.- 6 and 7, the order has not been given effect on spot. He further submitted that private respondent Nos.6 and 7 have not removed the encroachment from the plot in question rather they are raising construction over the same, as such necessary direction be issued for removal of encroachment from the plot in question, which is recorded as class- 6 - 2 (Bal vatika) in the revenue record. Versus Counsel for Petitioner(s) : Anil Kumar Bind Counsel for Respondent(s) : C.S.C., Hari Narayan Singh Satyaprakash .....Petitioner(s) State Of Uttar Pradesh And 6 Others .....Respondent(s) 4. Learned Standing Counsel for the State-respondents and learned counsel for the Gaon Sabha submitted that provisions has been made under Para-460 of U.P. Revenue Court Manual for the implementation/ execution of the orders passed under Section 67 of U.P. Revenue Code, 2006. 5. I have considered the arguments advanced by the learned counsel for the parties and perused the record. 6. There is no dispute about the fact that order for ejectment and damages under Section 67 of U.P. Revenue Code, 2006 has been passed by Tehsildar on 28.02.2020 in respect to the plot in question. 7. 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, as such instant public interest litigation cannot be entertained. 8. Considering the entire facts and circumstances of the Case, the instant public interest litigation is dismissed with observation that proper proceeding as prescribed under para 460 of the U.P. Revenue Court Manual can be initiated in accordance with law. October 17, 2025 PS* WPIL No. 3240 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad