HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2102 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. The present Writ (PIL) has been filed with the following prayer:- a. Issue a writ, order or direction in the nature of writ of Mandamus directing the Respondent No. 4/ Assistant Collector/Tehsildar, Tehsil-Sadar, District Sant Ravidas Nagar (Bhadohi) to execute the eviction orders dated 23.12.2023 and 26.02.2024 passed in proceedings under Section 67 of U.P. Revenue code, 2006 pursuatn to the application dated 31.07.2024 and 20.09.2024 filed by the petitioner under Para 460(1) of U.P. Revenue Court Manual expeditiously within stipulated period as fixed by this Honble Court. b. Issue a writ, order or direction in the nature of writ of Mandamus directing the respondent No.2, 3 and 4 to restore back the position of the plot no. 27, area 0.0093 hectare is recorded in revenue record as Public path (khori), plot no. 32 area 0.0160 hectare is recorded as Crater (Gaddha) in revenue record situated at Village Tema G. Sherpur, Tehsil Bhadohi, District Sant Ravidas Nagar (Bhadohi). In substance, the petitioner of the present Writ (PIL) is seeking implementation of the eviction orders dated 23.12.2023 and 26.02.2024 passed in proceedings under Section 67 of the U.P. Revenue Code, 2006. In previous litigation i.e. Writ (PIL) NO. 1242 of 2024, the Writ (PIL) was disposed of vide order dated 26.07.2024 relegating the petitioner to invoke Para 460 of the U.P. Revenue Code Manual, within a week for implementation of the orders passed under Section 67 of the U.P. Revenue Code, 2006. It has been contended by learned counsel for the Versus Counsel for Petitioner(s) : Dheeraj Kumar Maurya, Narendra Kumar Counsel for Respondent(s) : C.S.C., Ganesh Pandey, Pradeep Singh, Rajesh Kumar Vivek Kumar .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s) petitioner that despite moving the application invoking Para 460 of the U.P. Revenue Code Manual, the respondents are not disposing of the said application as directed by this Court. Sri Ganesh Pandey, who has appeared in opposition to to the present Writ (PIL) submits that the orders dated 23.12.2023 and 26.02.2024 passed under Section 67 of the U.P. Revenue Code, 2006 have been assailed in a statutory Appeal No. D202516670001199 which is admittedly pending. He further submits that since the Appeal itself is pending, the orders under Appeal cannot be executed. I find substance in the submissions advanced by Sri Ganesh Pandey. Since the order sought to be implemented are under challenge in an Appeal, it is for the Appellate Authority to look into the merits of the Appeal and pass orders accordingly. If the present petitioner is aggrieved by the pendency of the Appeal or non-disposal of the same, he may invoke appropriate proceedings for expediting the proceedings of the Appeal. With the aforesaid observations, no orders are required to be passed in the instant Writ (PIL) and in the opinion of the Court, no useful purpose shall be served to keep the same pending Consigned to record. October 10, 2025 pks WPIL No. 2102 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad