Allahabad High Court
MEGH SINGHversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is dismissed; the petitioner must file a fresh application under Para 460 of the U.P. Revenue Court Manual for the Tehsildar to consider the eviction order.
Summary
Megh Singh filed a public interest litigation seeking a direction to the Tehsildar of Chandausi, Sambhal, to enforce an eviction order dated 13‑07‑2024 issued under Section 67(1) of the U.P. Revenue Code, 2006. The petitioner claimed that he had sent an application under Para 460(1) of the U.P. Revenue Court Manual on 10‑11‑2025 by registered post, but no case was registered. The Court observed that while the application was indeed posted, there was no evidence that it was received by the Tehsildar’s office and criticized the petitioner for not filing the application in person. Consequently, the Court disposed of the petition, granting the petitioner liberty to file a fresh application under Para 460 of the Manual along with a certified copy of the order, after which the Tehsildar must consider it in accordance with law.
Issues considered
- Whether the Court can compel the Tehsildar to execute the eviction order when the petitioner’s application under Para 460 of the U.P. Revenue Court Manual has not been received.
- Whether the petitioner is entitled to relief in a PIL despite the procedural lapse in filing the application.
Legislation cited
- U.P. Revenue Code, 2006 — s. 67(1)
- U.P. Revenue Court Manual — s. Para 460(1)
Subjects
- Public Interest Litigation
- Revenue Law
- Eviction
- Section 67
- U.P. Revenue Code
- Procedural lapse
- Tehsildar
- Revenue Court Manual
- Petition dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3834 of 2025
Megh Singh
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Girish Chandra Maurya, Kunwar
Abhishek
Counsel for Respondent(s) : Arun Kumar Pandey, C.S.C.
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Sri Girish Chandra Maurya, learned counsel for the petitioner
and learned Standing Counsel for the state respondents. Sri A. K. Pandey,
Advocate has accepted notice on behalf of respondent Gaon Sabha.
2. The present petition has been filed seeking a direction to the
respondent no.4 - Tehsildar Chandausi, Sambhal to execute the order
dated 13.07.2024, passed by him, in proceedings under Section 67(1) of
the U.P. Revenue Code, 2006, directing eviction of respondent no.6 and
recovery of damages.
3. It is contended by the learned counsel for the petitioner that an
application dated 10.11.2025 under Para 460(1) of the U.P. Revenue
Court Manual has been sent by the petitioner before respondent no.4
through registered post, however, no case has been registered till date.
4. Considering the submission made on behalf of the petitioner and upon
perusal of record, it is evident that the application under Para 460 of the
Manual has been sent through registered post. It is highly unacceptable
that petitioner came to Allahabad for filing present PIL but could not go
personally to the concerned Tehsildar for filing aforesaid application.
There is nothing on record to show that the said application sent through
registered post was received in the office of Tehsildar.
5. In view of the aforesaid, the present petition is disposed of with liberty
to the petitioner to move fresh application under Para 460 of the Manual,
WPIL No. 3834 of 2025
2
before the respondent no.4 alongwith certified copy of this order. If any
such application is filed, the respondent no.4 shall consider and decide the
same, in accordance with law.
(Arun Kumar,J.)
May 7, 2026
Ashok Kr.
Digitally signed by :-
ASHOK KUMAR
High Court of Judicature at Allahabad
Checking your session…