Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 1162 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 Kaushal Kishore Mani, Advocate has accepted notice on behalf of respondent no. 4.
2. The present petition has been filed for the following relief:
"a) Issue a writ, order or direction in the nature of mandamus commanding to the respondents to remove the illegal encroachment of the private respondent from public utility land i.e. Khasra No.100 area 0.0067 hectare, situated at Village Dubhar Kishanpur recorded as Khad ka Gaddha which falls into the category of 132 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 corresponding to section 77 of the U.P. Revenue Code, 2006."
3. It is evident from the averments made in the writ petition that proceedings under Section 122B (4A) 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 against the respondent no. 5.
4. The present petition is in fact for implementation of the order dated 16.11.2015, passed against the respondent no. 5.
5. 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 Versus Counsel for Petitioner(s) : Pradeep Kumar Rai, Prajyot Rai Counsel for Respondent(s) : C.S.C., Kaushal Kishore Mani Sukhveer Singh .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
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). 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.
6. 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. 1162 of 2026 2 (Arun Kumar,J.) Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad