Allahabad High Court
Dayashankar Dubey vs State Of U.P. And 6 Others on 24 January, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:12430 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 86 of 2025 Petitioner :- Dayashankar Dubey Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Rakesh Kumar Singh Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Chandra Kumar Rai,J.
1. Heard Mr. Rakesh Kumar Singh, learned counsel for the petitioner, Mr. Nand Lal Maurya, learned standing counsel for the state-respondents and Mr. Bhupendra Kumar Tripathi, 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, commanding the respondents authorities to remove the illegal encroachment being made by the respondent nos. 6 & 7 from the arazi no.130/0.121 and 131/0.032 as banjar and chakmarg recorded in revenue record situated in the village Muzaffarpur, Tehsil Shahganj, District Jaunpur and make it available free from any encroachment for being used as a public utility land for the benefit of public at large, otherwise villagers shall suffer irreparable loss and injury.
2. Issue an order or direction in the nature of mandamus, commanding respondent authorities to constitute the high level committee to enquire by the respondent no.3 otherwise villagers shall suffer irreparable loss and injury."
3. Counsel for the petitioner submitted that in spite of the order passed by the Addl. Collector, 1st Class/Tehsildar (Judicial), Shahganj, Jaunpur passed in Case No.170, under Section 122-B of the U.P. Z.A. & L.R. Act, for ejectment and damages in respect to the plot in question, 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 30.5.2013.
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 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 by the Tehsildar in respect to the plot in question on 30.5.2013.
7. For execution of the order passed in the aforementioned proceeding under Section 122-B of the U.P. Z.A. & L.R. Act the instant P.I.L. cannot be maintained.
8. Considering the facts and circumstances of the case, the instant P.I.L. is accordingly disposed of with observation that proper proceeding can be initiated for the implementation / execution of the order passed under Section 122-B of the U.P. Z.A. & L.R. Act.
Order Date :- 24.1.2025 C.Prakash