Allahabad High Court
Rajeev Kumar Rai vs State Of U.P. And 5 Others on 24 January, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:12474 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 165 of 2025 Petitioner :- Rajeev Kumar Rai Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Chandra Kumar Rai Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Chandra Kumar Rai,J.
1. Heard Mr. Chandra Kumar Rai, learned counsel for the petitioner, Mr. Nand Lal Maurya, learned standing counsel for the state-respondents and Mr. Rameshwar Prasad Shukla, 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 authorities concerned to take necessary action in pursuance of the order dated 5.2.2018, passed by respondent no.3 in Case No.309 of 2011-12 (Report vs. Chandrabhan and Others), under Section 122-B of the U.P. Z.A. & L.R. Act (now Section 67 of the U.P. Revenue Code, 2006) to remove the encroachment of Gata No.606, area 0.083 hect. which is recorded as khalihan in the relevant revenue records, situated at village Tarauka, Pargana and Tehsil Sagari, Duistrict Azamgarh and further direct the Assistant Collector/Tahsildar, Sagari, District Azamgarh/respondent no.3 to decide the representation dated 3.1.2024 made by the petitioner before him within stipulated period as fixed by the Hon'ble Court.
2. Issue a writ, order or direction in the nature of mandamus, commanding the Assistant Collector/Tahsildar Sagari, District Azamgarh/Respondent No.3 to decide the representation dated 3.1.2024 made by the petitioner before him within stipulated period as fixed by the Hon'ble Court."
3. Counsel for the petitioner submitted that in spite of the order passed by the Tehsildar on 5.2.2018 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 5.2.2018.
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 U.P.Z.A.&L.R. Act/Section 67 of the U.P. Revenue Code, 2006 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 5.2.2018.
7. For execution of the order passed under Section 122-B of U.P.Z.A.&L.R. Act, remedy is provided elsewhere, as such, the instant P.I.L. cannot be maintained for implementation of the order passed in the proceeding under Section 122-B of U.P.Z.A.&L.R. Act.
8. The 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 U.P.Z.A.&L.R. Act.
Order Date :- 24.1.2025 C.Prakash