PRAVEEN KUMAR UPADHYAYversusSTATE OF U.P. AND 6 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
          PUBLIC INTEREST LITIGATION (PIL) No. - 1176 of 2026

Praveen Kumar Upadhyay
                                                              .....Petitioner(s)
                                    Versus

State Of U.P. And 6 Others
                                                            .....Respondent(s)

Counsel for Petitioner(s)             :   Vikas Chauhan
Counsel for Respondent(s)             :   C.S.C., Pankaj Kumar Gupta

Court No. - 55
                      HON'BLE ARUN KUMAR, J.

1. Heard learned counsel for the petitioner and learned Standing Counsel
for the State respondents. Sri P. K. Gutpa, Advocate has accepted notice
on behalf of respondent Gaon Sabha.

2. This petition has been filed for the following relief:

     "Issue a writ, order or direction in the nature of mandamus
     directing the respondents authority to take action against the
     respondent no.6 and 7 in pursuance of the order dated
     22.05.2024 passed by the respondent no.2 in Case No.
     334/2024, Computerized Case No. C202417000000334 (Ganga
     Devi Vs. L.M.C./Secretary Gram Panchayat Pilkhav through
     its Pradhan and others) under Section 210 of U.P. Revenue
     Code-2006."

3. Contention of learned counsel for the petitioner is that the
aforementioned orders have been passed by the revenue authorities for
removal of illegal encroachment, but the same have not been given effect
to.

4. Learned Standing Counsel has raised a preliminary objection that in
view of the judgment of Division Bench 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) the writ petition is not maintainable for execution of orders passed
by revenue authorities. It has been further submitted by learned Standing
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                                    Counsel that in view of provisions of paragraph no. 460 of the U.P.
                                    Revenue Court Manual, the petitioners have remedy for getting the order
                                    implemented. For ready reference, paragraph no. 460 of the U.P. Revenue
                                    Court Manual, is quoted as under:

                                            "460. Execution of decree and order- (1) The decree or order
                                            passed under the Code or the Rules framed under the Code
                                            shall, mutatis mutandis, be executed in accordance with the
                                            provisions of Chapter V.

                                            (2) The Assistant Collector/Tahsildar passing the order for
                                            eviction or recovery of any amount of damages or
                                            compensation under the provisions of Section 67 of the Code
                                            shall get the order executed and in execution of the order he
                                            shall, mutatis mutandis, follow the procedure laid down in
                                            paragraphs 137 and 138."

                                    5. In view of the same, I am not inclined to interfere in the matter.

                                    6. Accordingly, the petition is disposed of with liberty to the petitioner to
                                    pursue the remedy as available to him under law.



                                                                                               (Arun Kumar,J.)
                                    May 6, 2026
                                    Ashok Kr.




Digitally signed by :-
ASHOK KUMAR
High Court of Judicature at Allahabad