Neutral Citation No. - 2025:AHC:13580 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 183 of 2025 Petitioner :- Munna Rauniyar @ Munna Gupta Respondent :- State Of U.P. And 14 Others Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Chandra Kumar Rai,J. 1.Heard learned Counsel for the petitioner, Mr. R.C. Srivastava, learned Additional Chief Standing Counsel for the State- respondents and Mr. Sudhir Bharti, learned counsel for the the Gaon Sabha. 2.The instant public interest litigation has been filed for the following relief: "(I). Issue an order or direction: in the nature of Mandamus commanding and directing the respondent Nos.2 and 3 to dispossess the respondent Nos.5 to 15 from the Gram Sabha sabha land/public land i.e. Araji No.158/.0730 hectare & 240/.1660 hectare, which is recorded as Khalihan land in revenue record, situated at R/O Village-Rampur Bagaha, Tola- Sahabganj, Pargana-Sidhua Jobana, Tehsil-Kaptananj, District- Kushinagar. (II). Issue a writ, order or direction in nature of mandamus commanding and directing the respondent Nos.2 and 3 to comply order dated 14.12.2023 passed against the respondent No.5 to 15, Under Section-67 of U.P. Revenue Code, 2006." 3. Mr. R. C. Srivastava, learned Additional Chief Standing Counsel for the State-respondents raised preliminary objection that instant public interest Litigation is not maintainable as affidavit of sole petitioner has not been filed in support of the instant public interest litigation and the order under Section 67 of U.P.Revenue Code, 2006 has already been passed by the Tehsildar. 4. Learned Counsel for the petitioner submitted that affidavit of the son of the petitioner has been filed in the public interest litigation. He further submitted that in spite of the order passed under Section 67 of U.P.Revenue Code, 2006 in respect to the plot in question, which is recorded as Khalihan, the order has not been given effect on spot. He further submitted that proper direction be issued for removal of encroachment from the plot in question in pursuance of the order passed by Tehsildar under Section 67 of U.P. Revenue Code, 2006. 5. I have considered the arguments advanced by the learned counsel for the parties and perused the record. 6. There is no dispute about the fact that order for ejectment and damages under Section 67 of U.P. Revenue Code, 2006 has been passed in respect to the plot in question. 7. Under para-460 of U.P. Revenue Court Manual, procedure has been prescribed for implementation/ execution of the order passed in the proceeding under Section 67 of U.P. Revenue Code, 2006, as such instant public interest litigation cannot be entertained. 8. Considering the entire facts and circumstances of the Case, the instant public interest litigation is disposed of with observation that proper proceeding as prescribed under para 460 of the U.P. Revenue Court Manual can be initiated in accordance with law. Order Date :- 27.1.2025 PS* Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad