RAJENDRA SINGH v. THE STATE OF UTTAR PRADESH AND 6 OTHERS
WPIL/1191/2026 · 2026-05-05
Arun Kumar
Public Interest Litigationbody2026
DailyLaw.ai
[ 2026 DAILYLAW 3191 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3191 (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. - 1191 of 2026 Court No. - 55 HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Prem Bahadur Singh, holding brief of Sri R. P. Shukla, learned counsel for the respondent Gaon Sabha. 2. This petition has been filed for the following relief:
"Issue a writ, order or direction in the nature of mandamus directing Respondent Nos. 2 to 4 to forthwith execute and implement the order dated 31.07.2025 passed in Case Nos. 3347 of 2025 and 3348 of 2025 under Section 67 of the U.P. Revenue Code, 2006, and to remove the illegal encroachment made by respondent nos. 5 and 6 from Arazi No. 187/348 (public utility land)"
3. Contention of learned counsel for the petitioner is that the aforementioned order has 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 Versus Counsel for Petitioner(s) : Ajay Singh, Dharmendra Kumar Singh, Hitesh Kumar Mishra Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla Rajendra Singh .....Petitioner(s) The State Of Uttar Pradesh And 6 Others .....Respondent(s)
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 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 6, 2026 Ashok Kr. WPIL No. 1191 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad