Neutral Citation No. - 2025:AHC:119295-DB Court No. - 40 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 66480 of 2012 Petitioner :- Sri Ram Respondent :- State Of U.P. Thru Secy. And Others Counsel for Petitioner :- Dinesh Kumar Mishra,Janardan Prakash Counsel for Respondent :- Anuj Kumar (Addl.S.C.),Awadhesh Kumar Yadav Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. Present petition has been filed for the following relief: "(i) to issue a writ, order or direction in the nature of MANDAMUS directing the Respondent Authorities to remove the encroachment of the Respondent no.5 from the Gata No.561 Ghazipur, Area 0.310 air situated at Village Sonkhar, Tehsil- Bansi, District-Siddharth Nagar, which is reserved for public purpose; (ii) to issue a writ, order or direction in the nature of MANDAMUS directing the Respondent Authorities to take appropriate action against the Respondent no.5 and other who encroach/help to encroach the public purpose land in question." 3. The grievance of the petitioner is that respondent no.5 is raising construction over Gata No.561 Gha situated in village-Sonkhar having area 0.130 hectare earmarked for 'Khalihan'. The question as to whether the respondent no.5 has encroached the land earmarked for 'Khalihan' is a question of fact which can be determined only by the competent authority u/s 67 of U.P. Revenue Code, 2006 (hereinafter referred to as 'the Code, 2006') which provides that the State authorities has power to remove illegal encroachment upon a public utility land after following the procedures contemplated u/s 67 of the Code, 2006. Thus, the petitioner has a remedy of filing an application before respondent no.3 u/s 67 of the Code, 2006 raising his grievance. 4. In such view of the fact, the writ petition is dismissed with liberty to the petitioner to file a complaint u/s 67 of the Code, 2006 against respondent no.5 in respect of his alleged act of encroaching the land earmarked for 'Khalihan'. 5. In case any such representation is filed by the petitioner then respondent no.3 shall conduct necessary enquiry and shall proceed to initiate action, if necessary, strictly in accordance with the procedure contemplated u/s 67 of the Code, 2006 against respondent no.5. Order Date :- 22.7.2025 S.Chaurasia (Arun Kumar Singh Deshwal, J.) (Saral Srivastava,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad