Allahabad High Court

NAMAN KUMAR RAIversusSTATE OF U.P. AND 5 OTHERS

Decided: 19 April 2026
Bench: ARUN KUMAR

Holding

The petition is disposed with a direction to the Tehsildar to ensure that the final orders under Section 67(1) of the U.P. Revenue Code, 2006 are executed expeditiously.

Summary

Petitioner Naman Kumar Rai filed a public interest litigation seeking enforcement of eviction orders dated 13‑10‑2023 and 28‑10‑2023 passed under Section 67(1) of the U.P. Revenue Code, 2006 against respondents 5 and 6. The petitioner alleged that despite a Tehsildar’s noting directing a Revenue Inspector to implement the orders, no action had been taken and applications under Rule 460 of the U.P. Revenue Court Manual remained unregistered. The Court directed the standing counsel to obtain the status of the proceedings, and the counsel later submitted that the order against respondent 5 had been recalled and the case restored, with a hearing fixed for 24‑04‑2026, while notices had been issued on 17‑04‑2026 for the encroachment on Plot No. 408 and 392. The Court held that, in view of these developments, there was no purpose in keeping the writ petition pending and disposed of it, directing the Tehsildar to ensure that the final orders under Section 67(1) are executed expeditiously.

Issues considered

Whether the writ petition seeking enforcement of eviction orders under Section 67(1) of the U.P. Revenue Code, 2006 should continue despite pending procedural steps.
Whether the Court should direct the Tehsildar to ensure execution of the final orders after notice issuance and recall of the earlier order.

Legislation cited

U.P. Revenue Code, 2006 — s. 67(1)
U.P. Revenue Court Manual — s. Rule 460

Subjects

Public Interest Litigation
Eviction
Revenue Code
Section 67
Implementation of orders
Revenue Court Manual
Encroachment

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 817 of 2026

Naman Kumar Rai
.....Petitioner(s)
Versus

State Of U.P. And 5 Others
.....Respondent(s)

Counsel for Petitioner(s) : Chandra Shekhar Agnihotri
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.

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

1. On 01.04.2026, the following orders were passed in the matter:-

"1. Heard Sri Chandra Shekhar Agnihotri, learned counsel for the petitioner, learned
Standing Counsel for the respondent no.1 to 3 and Sri Amit Gupta, holding brief of Sri
B. K. Tripathi, learned counsel for the respondent no.4.

2. It is contended by the counsel for the petitioner that in proceedings under Section
67(1) of the U.P. Revenue Code, 2006, orders dated 13.10.2023 and 28.10.2023 were
passed against the respondent nos.5 and 6 for their eviction and recovery of damages,
however, till date no action has been taken for its implementation. The petitioner has
moved several application under rule 460 of the U.P. Revenue Court Manual but no
proceedings are being registered as required under the law.

3. Learned counsel for the petitioner has drawn attention of the Court to page 42 of
the writ petition where on application moved by the petitioner under rule 460, a
noting has been made by the Tehsildar, directing Revenue Inspector to implement the
orders annexed herewith. It is contended that after the said noting made, nothing has
happened till date.

4. Learned Standing Counsel prays for and is granted two weeks' time to obtain
instruction from the Tehsildar Jakhaniya, District Ghazipur, regarding the present
status of the proceedings under rule 460 of the U.P. Revenue Court Manual, in respect
of plot no.408 and 390, situated in Village Shivpur, Tehsil Jakhaniya, District
Ghazipur, in pursuance of his orders dated 13.10.2023 and 28.10.2023.

5. List as fresh on 20.04.2026."
WPIL No. 817 of 2026
2

2. In compliance of the order of this Court dated 1.4.2026, instructions
dated 20.04.2026, received by the learned Standing Counsel from the
Tehsildar, Jakhaniya, District Ghazipur, has been placed before the Court,
which is taken on record.

3. A perusal of the aforesaid instructions shows that against the order of
the Tehsildar, dated 13.10.2023, directing eviction of respondent no. 5, a
recall application dated 14.02.2025 was filed, which has been allowed and
the original case has been restored to its original number, in which
24.04.2026 is the next date fixed. However, with regard to the other order
passed under Section 67(1) of the U.P. Revenue Code, 2006, in respect of
Plot No. 408 and 392, notices have been issued on 17.04.2026 to the
encroachers to remove the encroachment. It is further contended that the
encroachment made by the respondent no. 6 over Plot No. 392 shall be
removed alongwith other encroachers of Plot No. 408, in accordance with
the Government Order dated 19.10.2023.

4. In view of the aforesaid instructions, the relief claimed by the petitioner
for compliance of the order dated 28.10.2023, having been initiated by the
Tehsildar Jakhaniya, District Ghazipur, no useful purpose would be
served in keeping in present writ petition pending.

5. In view of the aforesaid circumstances, the present petition is disposed
of with the direction to the Tehsildar, Tehsil Jakhaniya, District Ghazipur,
to ensure that the orders passed by him, under Section 67(1) of the Code,
which have attained finality, are brought to its logical end, in accordance
with law, expeditiously.

(Arun Kumar,J.)
April 20, 2026
Ranjeet Sahu

Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad

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