LAL BIHARIversusSTATE OF U.P. AND 5 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
          PUBLIC INTEREST LITIGATION (PIL) No. - 991 of 2026

Lal Bihari
                                                            .....Petitioner(s)
                                  Versus

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

Counsel for Petitioner(s)                  :   Katyaini Singh
Counsel for Respondent(s)                  :   C.S.C., Pradeep Singh

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

1. Heard Ms. Katyaini Singh, learned counsel for the petitioner, learned
Standing Counsel for the respondent nos.1 to 4 and Sri Pradeep Singh,
learned counsel for the respondent no. 5.

2. The present writ petition has been filed seeking direction to the
respondents to comply of order dated 30.12.2023 passed by the Ist
Assistant Collector/Tehsildar, Sadar, District Mirzapur in Case No.6872
of 2022 under Section 67 of the U.P. Revenue Code, 2006.

3. Contention of learned counsel for the petitioner is that the order under
Section 67(1) of the U.P. Revenue Code, 2006 has been passed against
the encroachers for their eviction and recovery of damages. However, no
further action has been taken to get the land vacated. The present petition
is in fact for implementation of the orders passed by the revenue
authorities.

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 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.
                                                                                                     WPIL No. 991 of 2026
                                                                        2


                                    Revenue Court Manual, is quoted as under:

                                    "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, this Court is not inclined to interfere in the matter.

                                    6. 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.)
                                    April 20, 2026
                                    Anil




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