Allahabad High Court
Mithilapati Singh vs State Of U.P. And 3 Others on 12 March, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:36136 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 541 of 2025 Petitioner :- Mithilapati Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashish Kumar Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Chandra Kumar Rai,J.
1. Heard Mr. Ashish Kumar, learned counsel for the petitioner, Mr. Ashok Kumar Sonkar, learned standing counsel for the state-respondents and Mr. Sudhir Bharti, learned counsel for the respondent-gaon sabha.
2. The instant writ petition has been filed for the following relief:-
"1. Issue a writ, order or direction in the nature of mandamus, directing the respondent no.2 to decide the representation dated 13.9.2024 and comply the orders dated 15.1.2008, 27.4.2022, 5.5.2022 and 5.4.2024 and remove the encroachment from the land of public path, i.e. arazi no.37M, area about 0.002 hect. and arazi no.116M, area about 0.008 hect., situated at village Baswar Tappa Viraincha, Pargana Havei, Tehsil Sadar, District Maharajganj as early as possible, within a period as stipulated by this Hon'ble Court."
3. Counsel for the petitioner submitted that in spite of the final order dated 15.1.2008 passed by the Tehsildar in the proceeding under Section 122-B of the U.P. Z.A. & L.R. Act for ejectment and damages in respect to the plot in question as well as upon the dismissal of the restoration application and the revision, the order has not been given effect on spot. He submitted that the order dated 15.1.2008 has attained finality, as such, appropriate direction should be issued for removal of illegal encroachment from the plot in question.
4. Learned standing counsel and the counsel for the gaon sabha submitted that the instant public interest litigation for implementation/execution of the order passed in the proceeding under Section 122-B of the U.P. Z.A. & L.R. Act 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 on 15.1.2008 by the Tehsildar in respect to the plot in question.
7. For execution of the order passed under Section 122-B of the U.P. Z.A. & L.R. Act/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 public interest litigation cannot be maintained for implementation of the order passed in the proceeding under Section 122-B of the U.P. Z.A. & L.R. Act.
8. The instant public interest litigation is accordingly disposed of with observation that proper proceeding can be initiated according to the provision contained under Para 460 of the U.P. Revenue Court Manual.
Order Date :- 12.3.2025 C.Prakash