PRASHANT KUMAR BINDversusSTATE OF U.P. AND 7 OTHERS

             HIGH COURT OF JUDICATURE AT ALLAHABAD
             PUBLIC INTEREST LITIGATION (PIL) No. - 2357 of 2025

Prashant Kumar Bind
                                                                      .....Petitioner(s)
                                           Versus

State Of U.P. And 7 Others
                                                                    .....Respondent(s)

Counsel for Petitioner(s)                  :   Amritesh Dwivedi, Shefali Singh
Counsel for Respondent(s)                  :   C.S.C., Harsh Vardhan Singh

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

1. Heard Sri Amritesh Dwivedi, learned counsel for the petitioner and
learned Standing Counsel for the respondent nos.1 to 4. Sri Harsh
Vardhan Singh has accepted notice on behalf of respondent no.5.

2. On 17.9.2025, following order was passed in the matter:-

"A supplementary affidavit has been filed in Court today. It is taken on record.

The petitioner seeks execution of the order dated 04.11.2023 directing removal of
encroachment from plot no. 61/0.005 situate in Village Bhaluahi, Pargana Rari,
Tehsil Badlapur District Jaunpur. Earlier the copy of the order directing removal of
encroachment was not enclosed. Now that copy has been enclosed along with a
supplementary affidavit. The grievance of the petitioner is that this order is not being
executed.

Issue notice.

Notice on behalf of respondent nos. 1 to 4 is accepted by Mr. Rajesh Kumar Tiwari,
learned Additional Chief Standing Counsel, whereas that on behalf of respondent no.
5, by Mr. Harshvardhan Singh, Advocate. Both the learned Counsel are granted two
weeks' time to file a counter affidavit.

Issue notice to respondent nos. 6 to 8, returnable on 09.10.2025.

Steps to serve the said respondents shall be taken by R.P.A.D., within three working
days next.
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Adjourned to 09.10.2025.

To be taken up in the cause list of the day at the top, along with a report regarding
service and the postal track attached. The office shall also put in a report regarding
status of pleadings.

Apart from the counter affidavits to be filed on behalf of the respondents, let the
Tahsildar, Tahsil Badlapur, Jaunpur show cause, by his own affidavit, why the order
dated 04.11.2023 has not been executed so far. In case any appeal has been filed from
the said orders, the number of the appeal current status and the authority before
whom it is pending shall be indicated in the affidavit. In the event, no appeal has been
filed, or if filed, has been rejected with affirmation of the order, the Tahsildar will
indicate, if there is any order of stay granted by a Court of superior jurisdiction. In
case neither contingency is there, preventing eviction, the Tahsildar will show cause
why the eviction order has not been executed so far.

The Registrar (Compliance) is directed to communicate this order to the Tahsildar,
Tahsil Badlapur, Jaunpur through the learned Chief Judicial Magistrate, Jaunpur
within 48 hours next."

3. In compliance of the aforesaid order, the petitioner did not take steps to
serve the respondent nos.6 to 8, as is evident from the office report dated
27.9.2025.

4. The relief claimed by the petitioner in the present petition is for
implementing the order dated 4.11.2023 passed in proceedings under
Section 67(1) of the U.P. Revenue Code, 2006.

5. 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 Court. 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 petitioner has 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
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                                    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."

                                    6. In view of the same, this Court is not inclined to interfere in the matter.

                                    7. Accordingly, the writ 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
                                    Anil




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