Allahabad High Court

RAMVIR SINGH YADAVversusSTATE OF U.P. AND 4 OTHERS

Decided: 22 April 2026
Bench: ARUN KUMAR

Holding

The petition is not maintainable and the petitioner must avail the alternative remedy under the U.P. Revenue Court Manual.

Summary

Ramvir Singh Yadav filed a public interest litigation seeking mandamus orders to release Gaon Sabha land encroached upon, recover fines, investigate alleged nexus among officials, and act on a representation. The petitioner relied on eviction orders passed under Section 67 of the U.P. Revenue Code, 2006. The respondents argued that the petition was not maintainable, citing the Division Bench judgment in Manbhavati v. State of U.P. (2020 1 AWC 789A) and Brij Bhushan Rai v. State of U.P. (Writ C No. 7863 of 2018), and pointed to an alternative remedy under paragraph 460 of the U.P. Revenue Court Manual. The High Court held that the petition could not be entertained and directed the petitioner to pursue the alternative remedy. Consequently, the petition was disposed of without granting the reliefs sought.

Issues considered

Whether a petition for execution of revenue court orders under Section 67 of the U.P. Revenue Code is maintainable before the High Court.
Whether the petitioner must resort to the alternative remedy provided in paragraph 460 of the U.P. Revenue Court Manual.

Legislation cited

U.P. Revenue Code, 2006 — s. 67

Subjects

public interest litigation
mandamus
land encroachment
U.P. Revenue Code
execution of court orders
alternative remedy
Revenue Court Manual

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1027 of 2026

Ramvir Singh Yadav
.....Petitioner(s)
Versus

State Of U.P. And 4 Others
.....Respondent(s)

Counsel for Petitioner(s) : Sabya Sachee Rai, Suneel Kumar Rai
Counsel for Respondent(s) : C.S.C., Hari Narayan Singh

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
WPIL No. 1027 of 2026
2

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.

(Arun Kumar,J.)
April 23, 2026
Ranjeet Sahu

Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad

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