Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 8893 (ALL)

BADRUL HASAN KHAN v. STATE OF U.P. AND 10 OTHERS

WRIC/35863/2026 · 2026-09-22

Chandra Kumar Rai

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35863 of 2026 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Mr. Sanjeev Kumar Pandey, learned counsel for the petitioner, Mr. Anil Kumar Yadav, learned Standing Counsel for the State- respondents and Mr. Krishna Kant Mishra, learned counsel for the respondent-Gaon Sabha. 2. The instant petition has been filed for the following relief: "A writ order or direction in the nature of Mandamus directing the respondents to ensure compliance of eviction order dated 29.05.2023 passed by Tahsildar in Case No.1423/2022, U/s 67 of U.P. Revenue Code, 2006 gram Samaj Vs. Safeekul Hasan, within stipulated period." 3. Learned counsel for the petitioner submitted that in spite of the order passed by Tahsildar under Section 67 of U.P. Revenue Code, 2006 for eviction and damages, the order has not been given effect on spot in proper manner. He further submitted that appropriate direction be issued for removal of illegal encroachment over the plot in question in pursuance of the order passed by the Tahsildar, under Section 67 of U.P. Revenue Code, 2006. 4. I have considered the argument advanced by learned counsel for the petitioner and perused the records. 5. There is no dispute about the fact that the order for eviction and damages was passed under Section 67 of U.P. Revenue Code, 2006 in respect to the plot in question. Versus Counsel for Petitioner(s) : Sanjeev Kumar Pandey Counsel for Respondent(s) : C.S.C., Krishna Kant Singh Badrul Hasan Khan .....Petitioner(s) State Of U.P. And 10 Others .....Respondent(s) 6. Under Para 460 of U.P. Revenue Court Manual, the provision has been prescribed for execution of the order passed under Section 67 of U.P. Revenue Code, 2006, as such, the instant writ petition cannot be entertained for execution of the order passed under Section 67 of U.P. Revenue Code, 2006. 7. The instant public interest litigation is dismissed with observation that the appropriate proceeding can be initiated in accordance with law as prescribed under Para 460 of U.P. Revenue Court Manual. September 23, 2026 Rameez WRIC No. 35863 of 2026 2 (Chandra Kumar Rai,J.) Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad