HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3936 of 2025 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard Sri Saurabh Yadav, learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Sanjeev Patel, learned counsel for the respondent nos.6 and 7. Sri Azad Rai, Advocate has accepted notice on behalf of respondent Gaon Sabha. 2. The present petition has been filed seeking following relief: "Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to vacate the encroachment in Gram Sabha Land, Arazi No. Arazi No. 531 (mentioned in Revenue Record as Naveen Parti), which is situated in Gram Sabha Village Fazila Bad Urf Kalpur Pargana Sikandara, Tehsil Phoolpur, District Prayagraj which is illegally encroached by the respondent No. 6 & 7." 3. In pursuance of the direction of this Court, the instruction dated 28.01.2026, sent by the Deputy District Magistrate, Phoolpur, Prayagraj, has been placed before the Court by learned Standing Counsel, which is taken on record. 4. Perusal of the aforesaid instruction shows that plot no.531 area 0.0340 hectare is recorded as Naveen Parti in the revenue records. During the inspection of revenue team on 07.01.2026, the petitioner himself was found in illegal occupation of the aforesaid plot. Proceedings under Section 67 of the U.P. Revenue Code, 2006 are already pending against him before the Tehsildar, Phoolpur, Prayagraj as Case Versus Counsel for Petitioner(s) : Saurabh Yadav Counsel for Respondent(s) : Azad Rai, C.S.C., Sanjeev Patel Prem Chandra Patel .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) No.T202502030226589. 5. Learned counsel for the petitioner prays for time to file objection to the said instruction. 6. However, no useful purpose would be served in keeping the matter pending as proceedings under Section 67(1) of the Code are already registered against the person, who has encroached upon the plot in question. If the petitioner thinks that respondent no.6 and 7 are also in illegal occupation of the plot in question, he is at liberty to approach the appropriate authority under Section 67(1) of the Code for their eviction. 7. In view of the aforesaid, the present petition is disposed of with direction to Tehsildar, Phoolpur, Prayagraj to decide the Case No.T202502030226589 under Section 67(1) of the U.P. Revenue Code, 2006, pending before him, in respect of plot in question, by passing appropriate order, in accordance with law, after hearing all the parties concerned, within a period of three months from the date of presentation of a certified copy of this order. May 15, 2026 Ashok Kr. WPIL No. 3936 of 2025 2 (Arun Kumar,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad