Allahabad High Court
Mira Devi vs State Of U.P. And 5 Others on 6 February, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:17725 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 253 of 2025 Petitioner :- Mira Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rakesh Yadav Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Chandra Kumar Rai,J.
1.Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Mr. Rameshwar Prasad Shukla, 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 mandamus directing the respondent authority to compliance the order dated 03.09.2024 passed by the learned tahsildar, tahsil Muhammadabad, District-Mauevict the illegal of the encroachment/possession of the respondent NO.6 over the khad Gaddha Banjar land as gata No.1006 area 0.0130 hectare situated at Village-Bhusuwa, Tehsil-Muhammadabad Gohna, District-Mau.
(II) Issue a writ, order or direction in the nature of mandamus directing the concerned respondent authority to restore land of the Khad Gaddha, Banjar gram sabha land to its original shape of arazi no No.1006 area 0.0130 hectare. which situated Bhusuwa, in is village Village-Tehsil-Muhammadabad gohna, District-Mau in pursuance of order dated 03.09.2024 passed by tehsildar and maintain the status of Khad Gaddha, Banjar land by removing the encroacher."
3. Learned counsel for the petitioner submitted that order under Section 67 of U.P. Revenue Code, 2006 has been passed on 03.09.2024 for ejectment and damages but 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.
4. Learned Standing Counsel for the State-respondents and learned counsel for the Gaon Sabha submitted that provisions has been made for the implementation/ execution of the order under para-460 of U.P. Revenue Court Manual.
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 03.09.2024 in respect to the plot in question against respondent No.6/Bhrigunath.
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 :- 6.2.2025 PS*