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2025 DAILYLAW 27742 (ALL)

ONKAR SINGH v. STATE OF U.P. AND 11 OTHERS

WPIL/524/2025 · 2025-03-09

Chandra Kumar Rai

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:35550 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 524 of 2025 Petitioner :- Onkar Singh Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Arvind Kumar Trivedi,Shyam Sunder Mishra Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Chandra Kumar Rai,J. 1.Heard Mr. Shyam Sunder Mishra, learned Counsel for the petitioner, Mr. R.C. Srivastava, learned Additional Chief Standing Counsel for the State-respondents and Mr. Azad Rai, learned counsel for Gaon Sabha. 2. The instant public interest litigation has been filed for the following relief: "(a). Issue a writ, order or direction in the nature of mandamus commanding/ directing the respondent No.2-District Magistrate, District-Fatehpur to ensure/'get removed the illegal possession/ encroachment made by the respondents No.6 to 12 over the Gata No.284/565, measuring an area of 0.2130 hectare of the land, entered as public utility land compost pits (khad ke Gaddhe) in revenue record, situated at Village-Manipur, Pargana-Gazipur, Tahsil & District-Fatehpur, within stipulated period which may be stipulated by this Hon'ble Court and be further pleased to stipulate the period. (b) issue a writ, order or direction in the nature of mandamus commanding/ directing the respondents to take an appropriate action upon the various presentations of the petitioner dated 30.11.2021, 07.09.2024 and 03.02.2025 (Annexure No.4, 5 and 6)." 3. Learned counsel for the petitioner submitted that in spite of the order passed by Tehsildar in the proceeding under Section 122-B of U.P.Z.A.& L.R. Act/ 67 of U.P.Revenue Code, 2006 against the private respondents, the same has not been given effect on spot. He submitted that plot in question are recorded as manure pit. 4. Learned Additional Chief Standing Counsel for the State-respondents and learned counsel for gaon sabha submitted that public interest litigation for implementation of the order passed under section 122-B of U.P.Z.A.& L.R. Act/ 67 of U.P. Revenue Code, 2006 cannot be entertained. They further submitted that proper proceeding can be initiated for the implementation/ execution of the order passed in the proceeding under Section 122-B of U.P.Z.A. & L.R. Act/ 67 of U.P. Revenue Code, 2006 as prescribed under para 460 of the U.P. Revenue Court Manual 4. I have considered the arguments advanced by the learned counsel for the parties and perused the record. 5. There is no dispute about the fact that order for ejectment and damages has been passed against the private respondents in the proceeding under Section 122-B of U.P.Z.A.& L.R. Act/ 67 of U.P. Revenue Code, 2006. 6. 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 122- B of U.P.Z.A.& L.R. Act/ 67 of U.P. Revenue Code, 2006. 7. 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 122-B of U.P.Z.A.& L.R.Act/ 67 of U.P. Revenue Code, 2006 as prescribed under para 460 of the U.P. Revenue Court Manual. Order Date :- 10.3.2025 PS* Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad