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Neutral Citation No. - 2025:AHC:27077 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 414 of 2025 Petitioner :- Shobh Nath Shukla Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Narendra Kumar Pathak Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Chandra Kumar Rai,J. 1.Heard learned Counsel for the petitioner, Mr. Hari Mohan Srivastava, learned Additional Chief Standing Counsel for the State-respondents and Mr. Bhupendra Kumar Tripathi, learned counsel for the the Gram Sabha. 2.The instant public interest litigation has been filed for the following relief:
"i. Issue a writ order or direction in the nature of mandamus commanding the respondent No.2 to act upon the application dated 24.10.2024 moved by the petitioner within stipulated time fixed by this Hon'ble Court."
3. Learned counsel for the petitioner submitted that in spite of the
order dated 26.10.2023 passed by Tehsildar under Section 67 of U.P. Revenue Code, 2006, the same has not been given effect on spot.
4. Mr. Hari Mohan Srivastava, learned Additional Chief Standing Counsel for the State-respondents and Mr. Bhupendra Kumar Tripathi, learned counsel for the Gram Sabha submitted that public interest litigation for implemention of the order passed under section 67 of U.P. Revenue Code, 2006 cannot be entertained.
5. I have considered the arguments advanced by the learned counsel for the parties and perused the record.
6. There is no dispute bout the fact that order for ejectment and damages under Section 67 of U.P. Revenue Code, 2006 has been passed by Tehsildar on 26.10.2023 in respect to the plot in question.
7. Under para No.460 of U.P. Revenue Court Manual, provision has been made for implementation/ execution of the order passed in the proceeding under Section 67 of U.P. Revenue Code, 2006.
8. Considering the entire facts and circumstances of the case, the instant public interest litigation is disposed of with observation that appropriate proceeding can be initiated for execution of the order passed under Section 67 of U.P. Revenue Code, 2006 as prescribed under para 460 of the U.P. Revenue Court Manual.
Order Date :- 27.2.2025 PS* Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad