Allahabad High Court
Devendra Kumar vs State Of U.P. And 5 Others on 3 March, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:29181 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 433 of 2025 Petitioner :- Devendra Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Abou Sofian Usmani,Meraj Khan,Sujeet Verma Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Chandra Kumar Rai,J.
1. Heard Mr. Abu Sofian Usmani, learned counsel for the petitioner, Mr. Hari Mohan Srivastava, learned Additional Chief Standing Counsel for the State-respondents and Mr. Rameshwar Prasad Shukla, learned counsel for the respondent-gaon sabha.
2. The instant writ petition has been filed for the following relief:-
"issue a writ, order or direction in the nature of mandamus to direct the respondent no.4 to remove the illegal encroachment of the respondent no.6 from the Gata Nos.303/ 0.019 hectare situated at Village- Punarji, Tahsil-Sadar, District- Azamgarh in compliance of the order dated 16.9.2020 passed by the respondent no.4/ Tahsildar, Tahsil- Sadar, District- Azamgarh in Case No.3529 of 2020, Computerized Case No.T202015060103529 (Report vs. Santosh), under Section 67 of the U.P. Revenue Code, 2006 and forthwith prohibit the illegal encroachment of the respondent no.6 upon the aforesaid chak road."
3. Counsel for the petitioner submitted that in spite of the order passed by the Tehsildar on 16.9.2020 for ejectment and damages in respect to the plot in question, the order has not been given effect to. He further submitted that in the earlier public interest litigation, the instruction was submitted to the effect that encroachment has been removed from the plot in question but the private respondents are still in illegal possession over the plot in question which is recorded as chak marg. He further submitted that application for execution of the order passed under Section 67 of U.P. Revenue Code, 2006 has been filed to give effect the order passed in the proceeding under Section 67 of U.P. Revenue Code, 2006 but authorities have not registered the proceeding till date. He submitted that appropriate direction be issued for removal of illegal encroachment from the plot in question forthwith.
4. I have considered the arguments advanced by learned counsel for the petitioner and perused the records.
5. There is no dispute about the fact that the order for ejectment and damages has been passed by the Tehsildar under Section 67 of U.P. Revenue Code, 2006 in respect to the plot in question on 16.9.2020.
6. 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 removal of encroachment in pursuance of the order passed in the proceeding under Section 67 of the U.P. Revenue Code, 2006.
7. In the instant matter application/ proceeding under Para 460 of U.P. Revenue Court Manual is stated to be pending.
8. Considering the facts and circumstances of the case, the instant Public Interest Litigation is disposed of finally directing respondent no.4/ Tahsildar, Tahsil- Sadar, District- Azamgarh to consider the application dated 4.11.2024 in the light of the provisions prescribed under Para 460 of U.P. Revenue Court Manual and pass the necessary order in accordance with the provision contained under Para 460 of U.P. Revenue Court Manual expeditiously.
Order Date :- 3.3.2025 Rameez