PUBLIC INTEREST LITIGATION (PIL) No. 1523 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:93987 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1523 of 2025 Petitioner :- Ram Karan Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Jagat Pal Singh Counsel for Respondent :- C.S.C.,Pradeep Singh Hon'ble J.J. Munir,J. For removal of encroachment in Plot no. 191/0.160 hectare situate in Village- Karhar Tara (Garauli), Tehsil- Sadar, District Mirzapur proceedings under Section 133 Cr.P.C. were initiated by the Sub Divisional Magistrate, Tehsil Sadar, District- Mirzapur acting on a report Challani vide order dated 12.08.2024. The provisional order was made absolute vide order dated 07.12.2024. Now, the execution of an order passed under Section 133 of the Criminal Procedure Code has to be done according to that Code or its successor Code, if it applies. No Public Interest Litigation can be filed to remove the nuisance or whatever it is regarding which an order under Section 133 Cr.P.C. has been made by the Magistrate. The remedies against the order of the Magistrate and for its enforcement are to be found under the Code of Criminal Procedure or its successor statute. This Public Interest Litigation is misconceived.