PRAVEEN KUMAR UPADHYAY v. STATE OF U.P. AND 6 OTHERS
WPIL/1176/2026 · 2026-05-05
Arun Kumar
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 3324 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3324 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 1176 of 2026 Court No. - 55 HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents. Sri P. K. Gutpa, Advocate has accepted notice on behalf of 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 the respondents authority to take action against the respondent no.6 and 7 in pursuance of the order dated 22.05.2024 passed by the respondent no.2 in Case No. 334/2024, Computerized Case No. C202417000000334 (Ganga Devi Vs. L.M.C./Secretary Gram Panchayat Pilkhav through its Pradhan and others) under Section 210 of U.P. Revenue Code-2006."
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 Versus Counsel for Petitioner(s) : Vikas Chauhan Counsel for Respondent(s) : C.S.C., Pankaj Kumar Gupta Praveen Kumar Upadhyay .....Petitioner(s) State Of U.P. 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. 1176 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad