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2025 DAILYLAW 200185 (ALL)

SABHARAJ PATEL v. STATE OF U.P. AND 4 OTHERS

WPIL/3099/2025 · 2025-10-13

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3099 of 2025 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J. 1.Heard Mr. Ashok Kumar Yadav, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Mr. Bhupendra Kumar Tripathi, learned Counsel for the Gaon Sabha. 2.The instant public interest litigation has been filed for the following relief: "(I) To issue a Writ, order or direction in the nature of Mandamus Commanding the Respondents to take appropriate steps immediately for removing the encroachment made by the Respondent No.5 over the plot No.545 area measuring 0.012 Hectare situated in Village Chak Badauli, Tehsil-Mariahu, Diistrict-Janpur, recorded as Barren Land (Public Utility Land) within stipulated period as may be fixed by this Hon'ble Court." 3. Leaned counsel for the petitioner submitted that in spite of the final order passed in the proceeding under Section 122-B of U.P.Z.A.& L.R. Act, the order has not been given effect on spot, as such necessary direction be issued for removal of encroachment from the plot in question, which is recorded as Banjar in the revenue record. 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 Versus Counsel for Petitioner(s) : Ashok Kumar Yadav Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C. Sabharaj Patel .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) the parties and perused the record. 6. There is no dispute about the fact that order for ejectment and damages under Section 122-B of U.P.Z.A.& L.R. Act has been passed by Tehsildar on 03.10.2023 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 14, 2025 PS* WPIL No. 3099 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad