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2026 DAILYLAW 959 (ALL)

RAMVIR SINGH YADAV v. STATE OF U.P. AND 4 OTHERS

WPIL/1027/2026 · 2026-04-22

Arun Kumar

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 1027 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 Hari Narayan Singh, 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 the respondents to get Gaon Sabha land of Gata 522, Awwar (3.2990 ha usar), released from the illegal possession of respondent No.5 and restore it for the purpose for which it has been kept in the land revenue record. b) Issue a Writ order or direction in the nature of mandamus commanding the respondents to Recover and Collect fines for losses and deposit in Panchayat Fund. c) Issue a Writ order or direction in the nature of mandamus commanding the respondents to initiate inquiry into Lekhpal/Tehsildar nexus. d) Issue a Writ order or direction in the nature of mandamus commanding the respondents to take necessary action on the representation of the petitioner dated 28.01.2026 ensure necessary action against the guilty persons after enquiry." 3. It is contended by the learned counsel for the petitioner that proceedings under Section 67 of the U.P. Revenue Code-2006 were initiated against the encroacher, in which orders of eviction have already been passed on 29.10.2025. 4. Learned Standing Counsel on the other hand contends that the present Versus Counsel for Petitioner(s) : Sabya Sachee Rai, Suneel Kumar Rai Counsel for Respondent(s) : C.S.C., Hari Narayan Singh Ramvir Singh Yadav .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 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 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 passed under Section 67 of the U.P. Revenue Code-2006 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. April 23, 2026 Ranjeet Sahu WPIL No. 1027 of 2026 2 (Arun Kumar,J.) Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad