HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2322 of 2026 Court No. - 51 HON'BLE ARUN KUMAR, J. 1. Heard Sri Vinod Kumar, learned counsel for the petitioner, learned Standing Counsel for the State respondent nos. 1 to 3, Sri Mayank Upadhyay, Advocate holding brief of Sri Shiv Sagar Singh for the respondent no. 4 and Sri Sudhir Bharti, learned counsel for the respondent no. 5 Gaon Sabha. 2. The present petition has been filed for the following relief: "i) Issue an appropriate writ order or direction commanding the respondent to remove the encroachment made by respondent no.4 over the pond in Arazi no. 254 Rakba 0.004 hectare (pond) by the Respondent No.4, which is recorded as pond situated at Village Sonpipari Khurd, Tappa Lehda, Tehsil: Pharenda, District- Maharjganj. ii) Issue an appropriate writ order or direction commanding the respondent no.2 Tehsildar, Tehsil Pharenda District Maharajganj to forthwith conclude the proceedings pertaining to case no. T202305470408874 under Section 67 pending before respondent No.2 within a stipulated period preferably within one month and further to remove the illegal encroachment made by the respondent no. 4." 3. It is contended by the counsel for the petitioner that in proceeding under Section 67 of the U.P. Revenue Code, 2006 initiated against the respondent no. 4, an order of eviction and recovery of damages was passed on 11.4.2025, however, it has not been given effect to till date and the illegal encroachment made by the respondent no. 4 over the plot in question still exist. Versus Counsel for Petitioner(s) : Sumit Kumar Srivastava, Vinod Kumar Counsel for Respondent(s) : C.S.C., Sudhir Bharti Abdullah .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 4. On the other hand, counsel appearing for the respondent no. 4 states that the order dated 11.4.2025 was an ex-parte order, against which a restoration application has been filed by the respondent no. 4 on 23.5.2025, which is pending consideration before the Tehsildar Pharenda, District-Maharjganj. 5. In view of the fact that the appropriate proceedings under law have already been initiated against the encroacher, no further enquiry is required to be directed by this Court in the present petition. The order of eviction has already been passed against which a restoration application is pending claiming the order to be ex-parte. 6. In view of the aforesaid, the present petition is disposed of with direction to the Tehsildar concerned to decide the aforementioned restoration application filed by the respondent no. 4 against the order dated 11.4.2025, in accordance with law, expeditiously, preferably within a period of two months from the date of presentation of a certified copy of this order, and ensure that the proceedings under Section 67 of the Code are brought to its logical end. September 29, 2026 Ranjeet Sahu WPIL No. 2322 of 2026 2 (Arun Kumar,J.) Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad