Neutral Citation No. - 2025:AHC:22885 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 345 of 2025 Petitioner :- Rambriksh Prasad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anurag Tripathi Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Anurag Tripathi, learned counsel for the petitioner, Mr. Chandra Prakash Yadav, learned standing counsel for the state-respondents and Mr. Sudhir Bharti, learned counsel for the respondent-gaon sabha. 2. The instant writ petition has been filed for the following relief:- "1. Issue a writ, order or direction in the nature of mandamus, directing the respondent no.2 to take action against the respondent no.4 by removing illegal encroachment from arazi no.31M which is registered in the revenue records as "pokhari" situated in village Badhara (Sidhua Jobja), Pargana-Sidhua Jobna, Tehsil Tamkuhiraj, District Kushinagar. 2. Issue a writ, order or direction in the nature of mandamus, commanding the respondent no.4 to vacate the arazi no.31M, which is registered in the revenue record as "pokhari", situated in village Badhara (Sidhua Jobna), Pargana-Sidhua Jobna, Tehsil- Tamkuhiraj, District Kushinagar to meet the ends of justice." 3. Counsel for the petitioner submitted that in spite of the order dated 3.9.2022 passed by the Tehsildar for ejectment and damages in respect to the plot in question, the order has not been given effect on the spot. He submitted that appropriate direction should be issued for removal of illegal encroachment from the plot in question. 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 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 3.9.2022 in Case No.7505/2022 (Computerized Case No.T202205440307505) (Gaon Sabha vs. Smt. Rajmuni). 7. For execution of the order passed under Section 67 of the U.P. Revenue Code, 2006, 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 67 of the U.P. Revenue Code, 2006. 8. The P.I.L. is accordingly disposed of with observation that proper proceeding can be initiated according to the provision contained under Para 460 of the U.P. Revenue Court Manual. Order Date :- 18.2.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad