1. The present writ petition as P.I.L. has been filed under Article 226 of the Constitution of India alleging encroachment over the Gaon Sabha land with following prayers:-
"1. Issue a writ, order or direction in the nature of Mandamus Commanding and directing the opposite party No.1 to 5 more specifically opposite party No.2 to 4 to remove the illegal encroachment done by the opposite party No.7 to 10 over the road gata No.407 situated in Village- Lakhaniya, Post Barepur, Pargana Akbarpur, Tehsil-Jalalpur, District Ambedkar Nagar within the stipulated time as this Hon'ble Court deems just and proper.
2. Issue any other order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, in favour of the petitioner in the interest of justice.
3. Allow the cost of the writ petition in favour of the petitioners."
2. Learned counsel for the petitioner submits that the Assistant Collector, 1st Class, Tehsildar Jalalpur, District Ambedkar Nagar has already passed an order dated 13.07.2017 for eviction of respondent, Ram Kishore s/o Salik Ram from the land in Gata No.407 mi/0.003 htr village which is recorded as public way and learned Tehsildar has also imposed damages of Rs.360/- along with cost.
3. Learned counsel for the petitioner submits that despite this order the encroachment has not been removed.
4. This Court is not an executing court of the orders passed by subordinate court. It is for the petitioner to approach the competent authority as provided under Section 67(3) of U.P. Revenue Code, 2006 for execution of the order dated 13.07.2017. If such an application along with copy of the order is filed under Section 67(3) of the U.P. Revenue Code, 2006, the competent authority shall take appropriate action for vacation of unauthorized occupation from the Gaon Sabha land within a period of four months.
5. With the aforesaid observation/direction, the petition is disposed of finally.
Order Date :- 30.8.2019 prateek