Allahabad High Court

DATA PRASAD DUBEYversusSTATE OF U.P. AND 4 OTHERS

Decided: 4 May 2026
Bench: ARUN KUMAR

Holding

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

Summary

Data Prasad Dubey filed a public interest litigation seeking a writ of mandamus to compel the revenue officials to enforce a 2002 eviction order under Section 122‑B of the U.P. Zamindari Abolition and Land Reforms Act and to remove an illegal encroachment on a village plot. The petitioner claimed that eviction and damages orders had already been passed against the encroachers. The respondents argued that the petition was not maintainable, relying on the Division Bench decisions 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 that the petitioner could instead pursue the remedy provided in paragraph 460 of the U.P. Revenue Court Manual. The Court held that the writ petition could not be entertained and directed the petitioner to avail the alternative remedy under the manual. Consequently, the petition was disposed.

Issues considered

Whether a writ petition for execution of a revenue court order under Section 122‑B of the U.P. Zamindari Abolition and Land Reforms Act is maintainable.
Whether the decisions in Manbhavati v. State of U.P. and Brij Bhushan Rai v. State of U.P. bar such a petition.
Whether the petitioner must resort to the alternative remedy under paragraph 460 of the U.P. Revenue Court Manual.

Legislation cited

U.P. Revenue Court Manual — s. para 460
U.P. Zamindari Abolition and Land Reforms Act, 1950 — s. 122-B

Subjects

PIL
mandamus
Section 122-B
land encroachment
execution of revenue orders
alternative remedy
U.P. Zamindari Abolition Act
Revenue Court Manual

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1158 of 2026

Data Prasad Dubey
.....Petitioner(s)
Versus

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

Counsel for Petitioner(s) : Mahesh Kumar Dubey, Yadvendra
Yadav
Counsel for Respondent(s) : C.S.C., Pradeep 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 Pradeep Singh, Advocate has accepted notice
on behalf of respondent no. 4.

2. The present petition has been filed for the following relief:

"i) Issue a writ order or direction in the nature of mandamus and
directing Res. No.2 and Res. No.3 to comply the order dated 20.06.2002
passed by the Res. No.3 in Case No. 20/119, 131 of 2001-02 (Report
Lekhpal Vs. Santosh Kumar) under Section 122-B of U.P.Z.A. and L.R.
Act and remove the illegal encroachment made by the Res. No.5 over Plot
No. 176 area 0260 hectare recorded as chak road situated in Village
Mewali, Tehsil Sadar, District Mirzapur, and this Hon'ble Court may be
pleased to decide the representation moved by the petitioner dated on
04.11.2025."

3. It is contended by the learned counsel for the petitioner that proceedings
under Section 122-B 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.

4. 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
of Manbhavati v. State of U.P. and others reported in 2020 1 AWC 789A
WPIL No. 1158 of 2026
2

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.

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.)
May 5, 2026
Ranjeet Sahu

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

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