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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2877 of 2025 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J.
1. Heard learned counsel for the petitioner, Mr. Sanjay Kumar Ray, learned Standing Counsel for the State-respondents and Mr. Sudhir Bharti, learned counsel for the respondent- Gaon Sabha.
2. The instant public interest litigation has been filed for the following relief:
"issue a writ, order or direction in the nature of mandamus directing the respondents to remove the unauthorized encroachment by private respondents in Gata No.253 area 0.737 hectare situated at Village-Harpur, Tappa Lehra, Pargana Haveli, Tahsil- Farenda, District- Maharajganj which is recorded as Public Utility Land Bhita forthwith."
3. Learned counsel for the petitioner submitted that the plot no.253 is recorded as bhita in the revenue records and order for ejectment / damages has been passed by the Tahsildar under Section 67 of U.P. Revenue Code, 2006. He further submitted that the order of eviction and damages dated 17.7.2025 has attained finality, as such, appropriate direction be issued for removal of encroachment from the plot no.253 in pursuance of the order dated 17.7.2025.
4. I have considered the argument advanced by learned counsel for the petitioner and perused the records.
5. There is no dispute about the fact that the order for ejectment and Versus Counsel for Petitioner(s) : Anjali Dubey Counsel for Respondent(s) : C.S.C., Gauri Shankar Yadav, Sudhir Bharti Jainendra Kumar .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
damages has been passed by the Tahsildar under Section 67 of U.P. Revenue Code, 2006.
6. Under Para 460 of U.P. Revenue Court Manual, the provision has been made for execution of the order passed under Section 67 of U.P. Revenue Code, 2006.
7. In view of the Para 460 of U.P. Revenue Court Manual, no interference is required in the matter.
8. The instant public interest litigation is dismissed with observation that appropriate proceeding for execution as provided under Para 460 of U.P. Revenue Court Manual can be initiated in accordance with law. October 9, 2025 Rameez WPIL No. 2877 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad