Allahabad High Court
Shyam Lal vs State Of U.P. And 5 Others on 5 March, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:31814 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 490 of 2025 Petitioner :- Shyam Lal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Manish Kumar Dwivedi Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Chandra Kumar Rai,J.
1. Heard Sri Manish Kumar Dwivedi, learned counsel for the petitioner, Sri Hari Om, learned standing counsel for the State and Sri Azad Rai, learned counsel for the Gram Sabha.
2. The instant Public Interest Litigation has been filed for following relief:-
"a) Issue a writ, order or direction in nature of mandamus commanding to the respondent authorities to remove the illegal encroachment of respondent no.6 over the Arazai No.35 Mi. area of 0.023 hectare of village Saibasa, Pargana - Karari, Tehsil- Manjhanpur, District Kaushambi which is registered as pond in the revenue record."
3. Sri Hari Om, learned standing counsel has placed the instructions dated 03.03.2025 sent by Sub Divisional Magistrate, Manjhanpur, Kaushambi before the Court which is taken on record.
4. Sri Hari Om, on the basis of instructions, submitted that in the proceeding under Section 67 U.P. Revenue Code order for ejectment and damages has been passed on 26.06.2024 against persons concerned. He further submitted that restoration application dated 21.08.2024 has been filed against the order of ejectment dated 26.06.2024 which is pending for consideration before the Tehsildar and next date fixed in the proceeding is 11.03.2025. He further submitted that after disposal of the restoration application appropriate action shall be taken by the authority in accordance with law.
5. Learned counsel for the petitioner submitted that order for ejectment and damages passed on 26.06.2024 has not been stayed, as such final order passed by the Tehsildar should be given effect on the spot.
6. I have considered the arguments advanced by learned counsel for the parties and perused the record.
7. There is no dispute about the fact that order for ejectment and damages has been passed by the Tehsildar on 26.06.2024.
8. Under para 460 of U.P. Revenue Court Manual provision has been made for implementation/execution of the order passed in the proceedings under Section 67 of the U.P. Revenue Code, 2006.
9. In the instant matter restoration application filed by the person concerned against the order of damages & ejectement is pending before the Tehsildar.
10. Considering the entire facts and circumstances of the case, the instant Public Interest Litigation is finally disposed of with direction that pending restoration application shall be decided by respondent no.4/ Tehsildar expeditiously in accordance with law after affording an opportunity of hearing to the parties and subject to the finality of the proceeding appropriate proceeding can be intiated for execution of the order passed under Section 67 of U.P. Revenue Code, 2006 as provided under Para 460 of U.P. Revenue Court Manual.
Order Date :- 5.3.2025 Asha