HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2722 of 2025 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard Sri Jitendra Kumar Maurya, holding brief of Sri Akhilesh Kumar Tiwari and learned counsel for the petitioner, learned Standing Counsel for the State respondents. Sri B. K. Tripathi, Advocate has accepted notice on behalf of respondent Gaon Sabha. 2. In the present petition, following order was passed on 11.09.2025: "The petitioner alleges encroachment by respondent nos.5,6 and 7 in Plot No.336/0.020 recorded as Gaddha, situate in Village Pariyat, Pargana Barsathi, Tehsil Mariyahu, District Jaunpur. Learned counsel for the petitioner has drawn the Court's attention to the extract of the Khatauni at Page no. 17 of the paper book, where Plot No.336 is recorded as Garaha (pond). An eviction order dated 10.03.2025 has been passed by the Tehsildar, Madiyahun, District Jaunpur in Case No. 469 of 2025 directing eviction of the encroachers. The grievance of the petitioner is that the said eviction order has not been executed so far. Issue notice. Notice on behalf of respondent nos. 1,2 and 3 is accepted by Mr. Swatantra Kumar, learned Standing Counsel. Mr. Bhupendra Kumar Tripathi, Advocate accepts notice on behalf of respondent no. 4. Both the learned counsel for the respondents are granted two weeks time to file a counter affidavit. Steps to serve respondent nos.5 to 7 shall be taken by RPAD within three days. List for admission on 26.09.2025 at the top of the list along with a report regarding service Versus Counsel for Petitioner(s) : Akhilesh Kumar Tiwari, Gunja Tiwari Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C. Ved Prakash Pathak .....Petitioner(s) State Of Up And 6 Others .....Respondent(s) and the postal track attached. The office shall also put in a report regarding status of pleadings. Apart from the counter affidavits to be filed by the respondents, the District Magistrate, Jaunpur and the Tehsildar, Tehsil Madiyahun, District Jaunpur shall file their own affidavit on or before the next date fixed showing cause why the said order of eviction has not been executed so far. In case any appeal(s) has been filed from the said order, the number of the appeal(s), current status and the authority before whom it is pending shall be indicated in the affidavit. In the event, no appeal has been filed, or if filed has been rejected with affirmation of the order, the District Magistrate and the Tehsildar will indicate, if there is any order of stay granted by a Court of superior jurisdiction. In case neither contingency is there, preventing eviction, the District Magistrate and the Tehsildar will show cause why the eviction order has not been executed so far. Let this order be communicated to the the District Magistrate, Jaunpur and the Tehsildar, Tehsil Madiyahun, District Jaunpur through the learned Chief Judicial Magistrate, Jaunpur by the Registrar (Compliance) within 24 hours. 3. In pursuance of the aforesaid order, the District Magistrate, Jaunpur has filed his personal affidavit stating that against the order of eviction dated 10.03.2025, an appeal was filed under Section 67(5) of the U.P. Revenue Code, 2006 by the respondent nos.5 to 7 in which hearing took place on 24.09.2025 and the date was fixed for 27.09.2025 for delivery of judgment. 4. Learned counsel for the petitioner states that said appeal has been dismissed on 27.09.2025. 5. In view of the aforesaid, the present petition is disposed of with direction to the Tehsildar, Mariyahoon, District Jaunpur to ensure that order of eviction dated 10.03.2025, passed by him, is enforced and the proceedings under Section 67 of the U.P. Revenue Code, 2006 are brought to its logical end, if there is no other legal impediment. May 18, 2026 Ashok Kr. WPIL No. 2722 of 2025 2 (Arun Kumar,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad