Neutral Citation No. - 2025:AHC:32060 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 497 of 2025 Petitioner :- Ramdular Yadav Respondent :- State Of U.P. And 20 Others Counsel for Petitioner :- Janardan Shukla Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Janardan Shukla, learned counsel for the petitioner, Mr. Nand Lal Maurya, learned Standing Counsel for the State-respondents and Mr. Sudhir Bharti, learned counsel for the gaon sabha. 2. The instant public interest litigation has been filed for the following reliefs: "i. issue a writ, order or direction in the nature of mandamus to direct the commanding respondent no.4 to comply the evection orders passed by him in Gata No.146, Gata No.364 and Gata No.405 situated at Village- Mathura Chhapar, Tappa Patana, Pargana Shahjahanpur, Tahsil and District- Deoria against the private respondent nos.6 to 21 and remove the encroachment and restore the land in original shape and register the case in Gata No.145 and Gata No.365 situated at Village- Mathura Chhapar, Tappa Patana, Pargana Shahjahanpur, Tahsil and District- Deoria. ii. issue a writ, order or direction in the nature of mandamus to direct the commanding respondents particularly respondent no.4 to decide the representation dated 8.10.2024 moved by the petitioner which is still pending before him." 3. Instruction dated 10.2.2025 sent by the Sub-Divisional Officer, Sadar, Deoria is taken on record. 4. Mr. Nand Lal Maurya, learned Standing Counsel for the State on the basis of instruction dated 10.2.2025 submitted that in respect to the plot in question proceedings under Section 67 of U.P. Revenue Code, 2006 has already been decided by the Tahsildar. He further submitted that the restoration applications have been filed at the instance of the persons against whom the order for ejectment and damages has been passed by the Tahsildar and last date fixed in the proceeding are 17.2.2025, 24.2.2025 & 25.2.2025. He further submitted that in view of the pendency of the restoration application against the order of ejectment and damages passed by the Tahsildar, the steps to remove the encroachment from the plot in question cannot be taken. 5. Learned counsel for the petitioner submitted that no interim order is operating against the order of Tahsildar passed under Section 67 of U.P. Revenue Code, 2006, as such, authorities should be directed to take immediate steps for removal of encroachment from the plot in question. 6. I have considered the argument advanced by learned counsel for the parties and perused the records. 7. There is no dispute about the fact that the order for ejectment and damages has been passed by Tahsildar and restoration applications filed by the person concern are pending for disposal before the Tahsildar. 8. So far as the implementation / execution of the order passed in the proceeding under Section 67 of U.P. Revenue Code, 2006 is concerned, the remedy is provided under Para 460 of U.P. Revenue Court Manual. 9. Considering the entire facts and circumstances, the instant public interest litigation is finally disposed of with observation that appropriate proceeding can be initiated as provided under Para 460 of U.P. Revenue Court Manual in accordance with law. Order Date :- 6.3.2025 Rameez Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad