Allahabad High Court
Kaushlesh Singh Rajpoot vs State Of U.P. And 4 Others on 24 February, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:26019 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 393 of 2025 Petitioner :- Kaushlesh Singh Rajpoot Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anil Kumar Srivastava,Sachida Nand Tiwari Counsel for Respondent :- Azad Rai Hon'ble Chandra Kumar Rai,J.
1. Heard Mr. Sachida Nand Tiwari, learned counsel for the petitioner, Mr. T.P. Gupta, learned standing counsel for the state-respondents and Mr. Azad Rai, learned counsel for the respondent-gaon sabha.
2. The instant writ petition has been filed for the following relief:-
"1. Issue a writ of mandamus, directing the respondents authority to ensure the actual compliance of the order dated 30.9.2013 passed by respondent no.3 in Case No.167 of 2013 (State vs. Ramakant), under Section 122-B of the U.P.Z.A. & L.R. Act within time stipulated time by this Hon'ble Court on the application of the petitioner dated 27.6.2024.
3. Counsel for the petitioner submitted that in spite of the order dated 30.9.2013 passed in the proceeding under Section 122-B of the U.P. Z.A. & L.R. Act, the order has not been given effect on spot. He submitted that the order dated 30.9.2013 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 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 30.9.2013 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 P.I.L. 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 P.I.L. 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 :- 24.2.2025 C.Prakash