Allahabad High Court
Bebi Khatoon vs State Of U.P. And 5 Others on 13 October, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:181545
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3082 of 2025
Bebi Khatoon
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Prateek Srivastava, Vivek Kumar Mishra
Counsel for Respondent(s)
:
C.S.C., Sudhir Bharti
Court No. - 55
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Mr. Rakesh Yadav, learned counsel for the petitioner, Mr. Ashish Chand Nishad, learned standing counsel for the state-respondents and Mr. Sudhir Bharti, learned counsel for the respondent-gaon sabha.
2. The instant Public Interest Litigation (P.I.L.) has been filed for the following reliefs:-
"i) issue a writ, order or direction in the nature of mandamus directing the respondent Nos.2, 3 and 4 to remove the illegal encroachment made by respondent No.6 over the Arazi No. 321 Area 0.002 hectare which is recorded as Rasta in the revenue record situated in Village- Jwar, Post-Chandravta, Pargana- Sidhuwa Jowna, Tehsil-Tamkuhiraj, District- Kushinagar in pursuance of eviction order dated 11.10.2023 passed by the respondent No.4 in No.8835 2022 (Computerize Case No.T2022054440308835) (Gaon Sabha Vs. Shaheed) Under Section 67 of U.P. Revenue Code, 2006.
ii) issue a writ, order or direction in the nature of mandamus directing respondent No. 3 to take necessary action on the application of petitioner dated 06.08.2025 within stipulated period which is pending before the respondent No.3 (Annexure No.3 to this writ petition)."
3. Counsel for the petitioner submitted that in spite of the order passed by the Tehsildar on 11.10.2023 for ejectment and damages in respect to plot no.321, the order has not been given effect to. He submitted that appropriate direction be issued for removal of illegal encroachment from the plot in question in pursuance of the order dated 11.10.2023.
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. 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 11.10.2023.
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.
(Chandra Kumar Rai,J.) October 13, 2025 C.Prakash