Allahabad High Court
Sanjay Kumar Yadav vs State Of U.P. And 5 Others on 27 January, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:13544 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 182 of 2025 Petitioner :- Sanjay Kumar Yadav Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Nitish Kumar Yadav,Prashant Sharma Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Chandra Kumar Rai,J.
1.Heard Mr. Prashant Sharma, 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 the Gaon Sabha.
2.The instant public interest litigation has been filed for the following relief:
"a. Issue an order or direction: in the nature of Mandamus commanding the respondents authorities to restore the gaon sabha land as Gaddha (Pond) after ejecting the respondent No.6 from Arazi No.287-B area about 0.30 Decimal is situated at Village Ramp;ur Khurd, Pargana Ghishua, Tehsil-Machhalishahar, District-Jaunpur in pursuance of the order passed on 02.12.2022 i.e. for eviction."
3. Learned counsel for the petitioner submitted that inspite of the order passed in the proceeding under Section 122-B of U.P.Z.A.& L.R. Act, the same has not been given effect on spot.
4. Learned Standing Counsel for the State respondent and learned counsel for the Gaon sabha submitted that no interference is required in the matter
5. I have considered the arguments advanced by the learned counsel for the parties and perused the record.
6. There is no dispute about the fact that order under Section 122-B of U.P.Z.A. & L.R. Act has been passed for ejectment and damages.
7. Procedure has been prescribed under Revenue Law for implementation/ execution of the order passed n the revenue proceeding.
8. Considering the entire facts and circumstances of the Case, the instant public interest litigation is finally disposed of with observation that appropriate proceeding can be initiated for implementation/ execution of the order passed in the revenue proceeding.
Order Date :- 27.1.2025 PS*