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2026 DAILYLAW 11877 (ALL)

RAMNIWAS YADAV v. STATE OF U.P. AND 4 OTHERS

WPIL/2338/2026 · 2026-09-29

Arun Kumar

Public Interest Litigationbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2338 of 2026 Court No. - 51 HON'BLE ARUN KUMAR, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondent nos.1 to 3 and Sri Sudhir Bharti, learned counsel for the respondent no. 4. 2. The present writ petition has been filed seeking a direction to the respondent authorities to remove the illegal encroachment made by respondent nos. 5 over Plot No.239M, recorded as Nali in the relevant revenue records, relating to Village Chero, Tehsil Salempur, District Deoria. 3. Contention of learned counsel for the petitioner is that the order under Section 67(1) of the U.P. Revenue Code, 2006 has been passed against the respondent no. 5 for his eviction and recovery of damages on 30.05.2026. However, no further action has been taken to get the land in question vacated. The present petition is in fact for implementation of the order passed by the revenue authorities. 4. Learned Standing Counsel has raised a preliminary objection that in view of the judgment of Division Bench of this Court in case of Manbhavati v. State of U.P. and others, reported in 2020 1 AWC 789 and Writ C No. 7863 of 2018 (Brij Bhushan Rai v. State of U.P. and 6 others), the writ petition is not maintainable for execution of orders passed by Revenue Court. It has been further submitted by learned Standing Counsel that in view of provisions of paragraph no. 460 of the U.P. Revenue Court Manual, the petitioner has remedy for getting the Versus Counsel for Petitioner(s) : Shatrughan Yadav, Shivam Dubey Counsel for Respondent(s) : C.S.C., Sudhir Bharti Ramniwas Yadav .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) order implemented. For ready reference, paragraph no. 460 of the U.P. Revenue Court Manual, is quoted as under: "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." 5. In view of the same, this Court is not inclined to interfere in the matter. 6. Accordingly, the writ petition is disposed of with liberty to the petitioner to pursue the remedy as available to him under law. September 30, 2026 Ranjeet Sahu WPIL No. 2338 of 2026 2 (Arun Kumar,J.) Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad