Allahabad High Court

AVANESH SINGHversusSTATE OF U.P. AND 10 OTHERS

Decided: 5 May 2026
Bench: ARUN BHANSALI KSHITIJ SHAILENDRA

Holding

A PIL seeking execution of an order under Section 67 of the U.P. Revenue Code, 2006 is not maintainable.

Summary

The petitioner filed a public interest litigation seeking the execution of orders passed under Section 67 of the Uttar Pradesh Revenue Code, 2006 against several respondents. The petitioner alleged that despite the orders being passed and efforts made by authorities, the respondents were refusing to implement them. The Court examined the maintainability of a PIL for execution of such orders, referring to its earlier decision in Manbhavati v. State of U.P. (2020) which held that such PILs are not maintainable. It found that the petitioner had not demonstrated any fresh cause of action or necessity for judicial intervention, as the execution could be pursued through ordinary administrative remedies. Consequently, the Court dismissed the petition, holding that a PIL cannot be used to compel execution of revenue orders.

Issues considered

Whether a public interest litigation seeking execution of an order under Section 67 of the U.P. Revenue Code, 2006 is maintainable.

Legislation cited

U.P. Revenue Code, 2006 — s. 67

Subjects

public interest litigation
execution of orders
U.P. Revenue Code
maintainability
administrative remedy

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                  PUBLIC INTEREST LITIGATION (PIL) No. - 1179 of 2026

                                    Avanesh Singh
                                                                                                .....Petitioner(s)
                                                                        Versus

                                    State of U.P. and 10 others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)        : Brijesh Kumar Tiwari, Ashamed Ali for
                                                                       Sharad Chand Rai
                                    Counsel for Respondent(s)        : Jagdish Pathak (S.C.), Rishabh Kumar,
                                                                       Nikhil Pratap Singh

                                    Chief Justice's Court
                                                      HON'BLE ARUN BHANSALI, CHIEF JUSTICE
                                                      HON'BLE KSHITIJ SHAILENDRA, J.

                                    1. This petition, purportedly in public interest, has been filed by the
                                    petitioner seeking execution of orders passed under Section 67 of the U.P.
                                    Revenue Code, 2006 ('the Code') against respondents No.6 to 11.

                                    2.Submissions have been made that despite passing of the orders and
                                    efforts made by the authorities for executing the said orders, the same are
                                    not being permitted to be executed and, therefore, the directions be issued
                                    to the respondents for execution of the orders.

                                    3. Besides the fact that this Court in Manbhavati Vs. State of U.P. and
                                    others: 2020 (1) AWC 789, has already taken the view that PIL seeking
                                    execution of order under Section 67 of the Code is not maintainable, the
                                    very fact that the petitioner has indicated that efforts were made for
                                    executing the order, however, the same was resisted, no case for
                                    entertaining the present PIL is made out, the same is, therefore, dismissed.



                                                                   (Kshitij Shailendra,J.) (Arun Bhansali,CJ.)
                                    May 6, 2026
                                    Mukesh Pal/Jyotsana




Digitally signed by :-
MUKESH PAL
High Court of Judicature at Allahabad

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