HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3038 of 2025 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Mr. Raj Kumar Singh, learned counsel for the petitioner, Mr. Muneshwar Singh, learned standing counsel for the state- respondents and Mr. Rameshwar Prasad Shukla, learned counsel for the respondent-gaon sabha. 2. The instant Public Interest Litigation (P.I.L.) has been filed for the following reliefs:- "Issue a writ, order or direction in the nature mandamus, directing the respondent nos. 2 and 3 to comply/execute the order dated 10.11.2023 by which the appeal filed by respondent nos. 4 and 5 has been dismissed and order of Tehsildar dated 1.7.2022 has been confirmed under Section 67(5) of the U.P. Revenue Code, 2006." 3. Counsel for the petitioner submitted that in spite of the order passed by the Tehsildar on 1.7.2022 for ejectment and damages in respect to the plot in question, the order has not been given effect to. He submitted that appeal under Section 67(5) of the U.P. Revenue Code, 2006 has also been dismissed by the appellate court. He submitted that appropriate direction be issued for removal of illegal encroachment from the plot in question in pursuance of the order dated 1.7.2022. 4. Learned standing counsel and the counsel for the gaon sabha submitted that the instant public interest litigation for implementation of the order passed in the proceeding under Section 67 of the U.P. Versus Counsel for Petitioner(s) : Raj Kumar Singh Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla Ram Murat .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) Revenue Code, 2006 is not maintainable. 5. I have considered the arguments advanced by learned counsel for the parties and perused the records. 6. There is no dispute about the fact that the order for ejectment and damages has been passed by the Tehsildar in respect to the plot in question on 1.7.2022 and order of Tehsildar has been maintained in appeal. 7. For execution of the order passed under Section 67 of the U.P. Revenue Code, 2006, remedy is provided under paragraph 460 of the U.P. Revenue Court Manual, as such, the instant P.I.L. cannot be maintained for implementation of the order passed in the proceeding under Section 67 of the U.P. Revenue Code, 2006. 8. The P.I.L. is accordingly dismissed with observation that proper proceeding can be initiated according to the provision contained under Para 460 of the U.P. Revenue Court Manual. October 9, 2025 C.Prakash WPIL No. 3038 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad