Allahabad High Court
KISHORIversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The High Court held that it will not interfere with the execution of the revenue order and dismissed the writ petition.
Summary
The petitioner filed a public interest litigation seeking a court direction to enforce a revenue order dated 26‑11‑2024 that ordered the eviction of respondent No.6 from a pasture plot in Village Narkataha. The petitioner alleged that the order, issued to remove an illegal encroachment, had not been implemented. The respondents contended that a writ petition cannot be used to execute revenue orders, relying on the Division Bench judgment in Manbhavati v. State of U.P. and Brij Bhushan Rai v. State of U.P., and pointed to paragraph 460 of the U.P. Revenue Court Manual which provides a specific remedial procedure. The court examined whether it could interfere with the execution of the revenue order and concluded that it was not the appropriate forum. Consequently, the petition was disposed, with the court directing the petitioner to pursue the remedy available under the revenue manual.
Issues considered
- Whether a writ petition under Article 226 is maintainable for the execution of an order passed by revenue authorities.
- Whether the petitioner can obtain a direction from the High Court to enforce the eviction order dated 26‑11‑2024.
Legislation cited
- Code of Civil Procedure, 1908 — s. 67
- U.P. Revenue Court Manual — s. 137, 138, 460
Subjects
- public interest litigation
- eviction
- illegal encroachment
- revenue order execution
- U.P. Revenue Court Manual
- writ petition
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1212 of 2026
Kishori
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pawan Kumar Tripathi
Counsel for Respondent(s) : C.S.C., Sudhir Bharti
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for
the State respondents and Sri Sudhir Bharti, learned counsel for the
respondent Gaon Sabha.
2. This petition has been filed seeking a direction to the respondent
authorities to implement the order dated 26.11.2024, passed against the
respondent no.6, directing his eviction from the plot no.294 recorded as
Pasture in the revenue records relating to Village Narkataha, Tehsil
Nautanwa, District Maharajganj.
3. Contention of learned counsel for the petitioner is that the
aforementioned order has been passed by the revenue authorities for
removal of illegal encroachment, but the same has 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
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:
WPIL No. 1212 of 2026
2
"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 7, 2026
Ashok Kr.
Digitally signed by :-
ASHOK KUMAR
High Court of Judicature at Allahabad
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