HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 1159 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Heard. The present writ petition has been preferred with following main reliefs:- " i) a writ, order or direction in the nature of Mandamus commanding the opposite party no. 2/District Magistrate, Bahraich to complete eviction of public utility land Gata No. 229 at Village Bazpur Bankati Tahseel Mihipurva Motipur, Bahraich as order dated 03.08.2023 Annexure no. 1. ii) a writ, order or direction in the nature of Mandamus commanding the opposite parties 2 to 5 for real compliance eviction and report. " Learned counsel for the petitioner has submitted that in compliance of the order dated 03.08.2023, the opposite party has deposited the penalty imposed but he has not vacated the public utility land. Learned Standing Counsel appearing for the State has raised a preliminary objection regarding the maintainability of the present writ petition as the petitioner has an alternative statutory remedy to move an application under Section 214 of U.P. Revenue Code, 2006 read with para 460 of U.P. Revenue Court Manual. The respective provisions are extracted hereunder:- 214. Applicability of Code of Civil Procedure, 1908 and Limitation Act,1963- Unless otherwise expressly provided by or under this Code, the provisions of the Code of Civil Procedure, 1908 and the Limitation Act, 1963 shall apply to every suit, application or proceedings under this Code. Versus Counsel for Petitioner(s) : Neeraj Kumar Rastogi, Girijesh Sharan Srivastava Counsel for Respondent(s) : C.S.C., Pankaj Gupta Sunil Kumar Soni .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Lko And 7 Others .....Respondent(s) 460. Execution of decree and order (1) The decree or order passed under the Code or the Rules framed under the Code shall, mutatis mutandis, be executed in accordance with the provisions of Chapter V. (2) The Assistant Collector/Tahsildar passing the order for eviction or recovery of any amount of damages or compensation under the provisions of Section 67 of the Code shall get the order executed and in execution of the order he shall, mutatis mutandis, follow the procedure laid down in paragraphs 137 and 138. In the case of Ajab Lal vs. Rakesh Kumar Mishra & Ors. reported in 2007 Alld. pg 158, the position as regards execution of orders passed by the Revenue courts was dealt with and it was held that the revenue courts itself are possessed with such a jurisdiction. At this stage, learned counsel for the petitioner has submitted that the present writ petition may be disposed of with liberty to the petitioner to move an appropriate application under Para-460 of the U.P. Revenue Court Manual for execution/implementation/compliance of the order passed under Section 67 of the U.P. Revenue Code, 2006. On the request of learned counsel for the petitioner and without entering into the merits of the case, the present writ petition is disposed of with liberty to the petitioner to avail the remedy as permissible under law. November 24, 2025 Ashish WPIL No. 1159 of 2025 2 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench