Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 1158 of 2026 Court No. - 55 HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent nos. 1 to 3. Sri Pradeep Singh, Advocate has accepted notice on behalf of respondent no. 4.
2. The present petition has been filed for the following relief:
"i) Issue a writ order or direction in the nature of mandamus and directing Res. No.2 and Res. No.3 to comply the order dated 20.06.2002 passed by the Res. No.3 in Case No. 20/119, 131 of 2001-02 (Report Lekhpal Vs. Santosh Kumar) under Section 122-B of U.P.Z.A. and L.R. Act and remove the illegal encroachment made by the Res. No.5 over Plot No. 176 area 0260 hectare recorded as chak road situated in Village Mewali, Tehsil Sadar, District Mirzapur, and this Hon'ble Court may be pleased to decide the representation moved by the petitioner dated on 04.11.2025."
3. It is contended by the learned counsel for the petitioner that proceedings under Section 122-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 were initiated against the encroachers in which orders of eviction and recovery of damages have already been passed.
4. Learned Standing Counsel on the other hand contends that the present petition for execution of orders passed by the Revenue Court is not maintainable in view of the Division Bench Judgment of this Court in case of Manbhavati v. State of U.P. and others reported in 2020 1 AWC 789A Versus Counsel for Petitioner(s) : Mahesh Kumar Dubey, Yadvendra Yadav Counsel for Respondent(s) : C.S.C., Pradeep Singh Data Prasad Dubey .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
and Writ C No. 7863 of 2018 (Brij Bhushan Rai v. State of U.P. and 6 others). Moreover, the petitioner has an alternative remedy to get the orders of eviction and recovery of damages executed under the provisions of paragraph 460 of the U.P. Revenue Court Manual.
5. In view of the aforesaid, the present petition is disposed of with liberty to the petitioner to avail the alternative remedy available to him under the aforesaid provisions of law. May 5, 2026 Ranjeet Sahu WPIL No. 1158 of 2026 2 (Arun Kumar,J.) Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad