Allahabad High Court
Radheshyam vs State Of U.P. And 5 Others on 4 November, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:194493
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3272 of 2025
Radheshyam
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Alauddin, Fakhruddin
Counsel for Respondent(s)
:
C.S.C., Pankaj Kumar Gupta
Court No. - 55
HON'BLE CHANDRA KUMAR RAI, J.
1.Heard learned counsel for the petitioner, Mr. Rajesh Kumar Tiwari, learned Additional Chief Standing Counsel for the State-respondents and Mr.Pankaj Kumar Gupta, learned Counsel for the Gaon Sabha.
2.The instant public interest litigation has been filed for the following relief:
"(I). Issue a writ, order or direction in the nature of the mandamus commanding/directing to the respondent no.2, 3 and 4 to remove the illegal and unauthorized possession of the respondent no.6 over the Gaon Sabha land recorded as Khalihan in the khatauni, which is situated at Gata No.119 of Village Datapur, Tappa- Nadepar, Tehsil- Naugarh, District-Siddharth Nagar.
(ii). Issue a writ of mandamus directing to the respondents no.2, 3 and 4 to decide the representation filed by the petitioner for removing the illegal and unauthorized possession of the private respondent (i.e. respondent no.6) over the gaon Sabha land recorded as Khalihan situated at Gata No.119 in the khatauni Village Datapur, Tappa- Nadepar, Tehsil- Naugarh, District-Siddharth Nagar."
3. Leaned counsel for the petitioner submitted that in spite of the order for ejectment and damages dated 13.09.2024 passed by Tehsildar in the proceeding under Section 67 of U.P. Revenue Code, 2006, against the respondent No.6, order has not been given effect on spot, as such necessary direction be issued for removal of encroachment from the plot in question, which is recorded as Usar in the revenue record.
4. Learned Standing Counsel for the State-respondents and learned counsel for the Gaon Sabha submitted that provisions has been made under Para-460 of U.P. Revenue Court Manual for the implementation/ execution of the orders passed 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 by Tehsildar on 13.09.2024 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 dismissed with observation that proper proceeding as prescribed under para 460 of the U.P. Revenue Court Manual can be initiated in accordance with law.
(Chandra Kumar Rai,J.) November 4, 2025 PS*