SALIL KUMAR RAI,J. - (1.) The present writ petition has been filed praying for a writ of mandamus directing respondent no.3 to remove certain alleged illegal encroachments from Plot No. 667 (area 0.6320 hectares) situated in Village-Barmohani, Post and Tehsil-Bhadohi, District Sant Ravidas Nagar, Bhadohi, which is recorded in the revenue record as 'Khalihan'.
(2.) A counter affidavit has been filed on behalf of respondent no.3 and in paragraph 14 of the said counter affidavit, it has been stated that after enquiry, 21 persons were found to be in illegal occupation over the plot and against the said persons, proceedings under Section 67 of the Uttar Pradesh Land Revenue Code, 2006 read with Rule 67 of the Uttar Pradesh Revenue Code Rules, 2016 were instituted. It has further been stated in the counter affidavit that cases against four persons have already been decided and orders for eviction of the illegal occupants from the aforesaid plot have been passed by the concerned Assistant Collector. It has also been stated that cases instituted under Section 67 of the Code 2006 against the 17 other persons are still pending.
(3.) A rejoinder affidavit has been filed by the petitioner wherein it has been stated that even the persons against whom orders under Section 67 of the Code 2006 have already been passed, have not yet been evicted from the aforesaid Plot No. 667.;