Neutral Citation No. - 2025:AHC:36389 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 108 of 2025 Petitioner :- Narayan Sahu Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Santosh Kumar Srivastava Counsel for Respondent :- Arun Kumar Tripathi,C.S.C.,Pankaj Kumar Gupta Hon'ble Chandra Kumar Rai,J. 1. The instant petition has been filed for the following relief: "issue a writ, order or direction in the nature of mandamus directing the respondent authorities to evict the illegal encroacher (respondent nos.6, 7 & 8) from gata no.190M/0.122 hectare situated in Village- Govindpara, Tahsil- Harraiya, District- Basti, which is recorded as Anganbadi Centre over area 0.089 hectare, Navin parti over area 0.020 hectare and Dihi Abadi over area 0.013 hectare, to meet the ends of justice." 2. This Court vide order dated 21.1.2025 has directed the learned Standing Counsel and counsel for the gaon saba to obtain instruction in the matter. In compliance of the order dated 21.1.2025 passed by this Court, instruction dated 7.2.2025 sent by Tahsildar, Harraiya, District- Basti is taken on record. 3. Mr. Anjani Kumar Chaurasia, learned Additional Chief Standing Counsel for the State on the basis of instruction submitted that the plot no.190M area 0.1220 hectare is recorded as Class- 6 (2) category plot (Agan Bari) in the revenue record. He further submitted that plot no.190M area 0.0130 hectare is recorded as abadi. He further submitted that in respect to plot no.190M area 0.0130 hectare residential house of respondent nos.6 to 8 is situated. He further submitted that on the complaint of gram pradhan, Sub- Divisional Officer has held that proceeding under Section 67 of U.P. Revenue Code, 2006 cannot be initiated against respondent nos.6 to 8. He further submitted that plot no.190M area 0.020 hectare is recorded as navin parti in the revenue record. He further submitted that residential lease was executed in favour of father of respondent nos.6 to 8 in respect to the plot no.190M area 0-1-0. He further submitted that in respect to the plot no.190M area 0.0200 hectare, which is recorded as navin parti, encroachment of Avinash Chandra Shukla son of Ramsukh was found over the area 0.0040 hectare, accordingly, proceeding under Section 67 of U.P. Revenue Code, 2006 has been registered as Case No.T202317140101644 (Gaon Sabha vs. Avinash Chandra Shukla) and final order for ejectment and damages has been passed on 7.2.2025. He further submitted that after expiry of reasonable period proper action shall be taken by the authorities. 4. In view of the facts mentioned in the instruction regarding the entry of the plot in question as well as regarding execution of residential lease in favour of father of respondent nos.6 to 8 as well as order passed under Section 67 of U.P. Revenue Code, 2006 against one Avinash Chandra Shukla in respect to plot no.190M (navin parti land), the instant public interest litigation is finally disposed of with observation that proper proceeding can be initiated for execution of the order passed under Section 67 of U.P. Revenue Code, 2006 subject to finality attached to the order as provided under Para 460 of U.P. Revenue Court Manual. Order Date :- 12.3.2025 Rameez Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad