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Neutral Citation No. - 2025:AHC:25341 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 368 of 2025 Petitioner :- Rajendra Prasad Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Brij Gopal,Devashish Tripathi Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Chandra Kumar Rai,J. 1.Heard learned counsel for the petitioner, Mr. T.P. Gupta, learned Standing Counsel for the State-respondent. 2.The instant public interest litigation has been filed for the following relief:
"1. issue a writ order or direction in the nature of mandamus directing to the authority concern to remove the violation or illegal possession of Khasara no. 560 area 0.0270 hectare is Chak Marg situated in Village-Paitiha, Tehsil-Koraon, District- Prayagraj.
2. Issue a writ order or direction in the nature of mandamus directing to the respondent authority to comply the order dated 31.05.2023 and 21.11.2023 passed by the respondents No.4 4 in under Section 67 of U.P. Revenue Code."
3. Learned counsel for the petitioner submitted that in spite of the
order passed in the proceeding under Section 67 of U.P. Revenue Code, 2006 the order has not been given effect on spot, as such necessary direction be issued for removal of encroachment from the plot in question.
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 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 disposed of with observation that proper proceeding as prescribed under para 460 of the U.P. Revenue Court Manual can be initiated in accordance with law.
Order Date :- 20.2.2025 PS* Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad