Neutral Citation No. - 2025:AHC:21254 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 27 of 2025 Petitioner :- Khichadu Ram Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Nehal Beg Counsel for Respondent :- Pramod Kumar,C.S.C.,Rameshwar Prasad Shukla Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Nehal Beg, learned counsel for the petitioner, Mr. Hari Mohan Srivastava, learned Addl. C.S.C. for the state-respondents, Sri Rameshwar Prasad Shukla, learned counsel for respondent no.8/gaon sabha and Mr. Pramod Kumar, learned counsel for respondent nos. 5 to 7. 2. The instant public interest litigation has been filed for the following reliefs:- (a) Issue a writ, order or direction of a suitable nature of mandamus, directing the respondent authorities specially respondent no.2 to evict the private respondents as well as any other person who encroached "chakmarg" situated in gata no.1180, area 0.0060 hect. situated in Village Kashipur, Pargana- Mohammadabad, Tehsil- Sadar, District Azamgarh with immediate effect. (b) Issue a writ, order or direction of a suitable nature of mandamus, directing the respondent no.2 to take appropriate action on the representation filed by the petitioner for removal of private respondent as well as other persons from public utility land." 3. In compliance of the orders of this Court dated 9.1.2025/23.1.2025, instruction dated 5.2.2025 sent by the Tehsildar, Sadar, Azamgarh is taken on record. 4. Sri Hari Mohan Srivastava, learned Addl. C.S.C., on the basis of the instruction, submitted that plot no.1180, area 0.0060 hect. is recorded as chakmarg in the revenue records. He further submitted that proceeding under Section 67 of the U.P. Revenue Code, 2006 has been registered as Case No.T202415060100133 against respondent no.5/Suresh and the aforementioned proceeding has been finally decided vide order dated 24.2.2024 for ejectment and damages of respondent no.5/Suresh. He further submitted that restoration application filed on behalf of respondent no.5 against the order dated 24.2.2024 is pending before the Tehsildar and the last date fixed in the matter was 11.2.2025. He further submitted that no encroachment of respondent nos. 6 & 7 were found over the plot in question. 5. Sri Pramod Kumar, learned counsel appearing for respondent nos. 5 to 7 submitted that in the proceeding under Section 67 of the U.P. Revenue Code, 2006, an order for ejectment and damages has also been passed on 31.7.2024 against the petitioner/Khichadu Ram, son of Jhuri in respect to plot no.1117M, area 0.008 hect. as such, petitioner cannot file the instant P.I.L. He further submitted that without disclosing the fact about the order dated 31.7.2024, in Case No.T202415060107344, under Section 67 of the U.P. Revenue Code, 2006, passed by the Tehsildar against the petitioner as well as the order passed against respondent no.5 in the proceeding under Section 67 of the U.P. Revenue Code, 2006, the instant public interest litigation has been filed. He submitted that the instant P.I.L. filed by the petitioner should be dismissed with cost. 6. I have considered the arguments advanced by learned counsel for the parties and perused the records. 7. There is no dispute about the fact that in respect to plot no.1180, an order for ejectment and damages has been passed by the Tehsildar on 24.2.2024 and the restoration application filed against the order dated 24.2.2024 is pending. 8. It is material to mention that order for ejectment and damages has been passed on 31.7.2024 against the petitioner also in respect to plot no.1177M, area 0.008 hect., under Section 67 of the U.P. Revenue Code, 2006, as such, petitioner cannot file the instant public interest litigation for removal of encroachment from gaon sabha land. 9. In view of the aforementioned facts and circumstances, particularly, the order for ejectment and damages dated 31.7.2024 passed against the petitioner, the instant P.I.L. cannot be entertained and the same is hereby dismissed. Order Date :- 14.2.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad