Allahabad High Court
Keshav Singh vs State Of U.P. And 8 Others on 11 March, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:35391 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 47 of 2025 Petitioner :- Keshav Singh Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Ashok Kumar Yadav Counsel for Respondent :- Kedar Nath Mishra,C.S.C.,Sudhir Bharti Hon'ble Chandra Kumar Rai,J.
1. Heard Sri Ashok Kumar Yadav, learned counsel for the petitioner, Sri Kedar Nath Mishra, learned counsel for contesting respondent no.6, Sri Manoj Kumar Mishra, learned standing counsel for the state-respondent and Sri Sudhir Bharti, learned counsel for the respondent-gaon sabha.
2. The instant writ petition has been filed for the following reliefs:-
"1. Issue a writ, order or direction in the nature of mandamus, commanding/directing the respondent nos. 2 to 4 to evacuate the public utility land, i.e., navin parti bearing gata no.358m area 0.1090 hect., situated at village- Bardeeha Dalpat, Block and Tehsil- Salempur, District Deoria.
2. Issue a writ, order or direction in the nature of mandamus, commanding/directing the concerned respondent to enquire the matter and take the appropriate action on the application dated 27.2.2023 made by the petitioner expeditiously within the stipulated period."
3. Counsel for the petitioner submitted that earlier proceeding under Section 122-B of the U.P. Z.A. & L.R. Act was initiated and an order for ejectment and damages was passed in respect to the plot in question against the predecessor of the contesting respondent on 29.2.1995 but the order has not been given effect on spot. He submitted that the order dated 29.2.1995 has attained finality, as such, appropriate direction should be issued for removal of 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 aforesaid proceeding 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 was passed on 28.2.1995 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 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 :- 11.3.2025 C.Prakash