PREM CHANDRA MAURYA v. STATE OF U.P. AND 25 OTHERS
WPIL/1262/2026 · 2026-05-17
Arun Kumar
Public Interest Litigationbody2026
DailyLaw.ai
[ 2026 DAILYLAW 1363 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1363 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 1262 of 2026 Court No. - 55 HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the parties. 2. The present petition has been filed seeking a direction to the respondent authorities to implement the orders passed by Tehsildar, Kasimabad, Ghazipur, dated 25.09.2025 and 06.03.2025, directing eviction of encroachers and recovery of damages in respect of land reserved for public utility services in Village Bahlalpur, Tehsil Kasimabad, District Ghazipur. 3. Contention of learned counsel for the petitioner is that the aforementioned orders have been passed by the revenue authorities for removal of illegal encroachment, but the same have not been given effect to. 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 789A 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 authorities. 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 petitioners have remedy for getting the 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 Versus Counsel for Petitioner(s) : Binod Kumar, Mani Shankar Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C. Prem Chandra Maurya .....Petitioner(s) State Of U.P. And 25 Others .....Respondent(s)
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, I am not inclined to interfere in the matter. 6. Accordingly, the petition is disposed of with liberty to the petitioner to pursue the remedy as available to him under law. May 18, 2026 Ashok Kr.
WPIL No. 1262 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad