Allahabad High Court
SAI DEENversusSTATE OF U.P. AND 9 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The petition is not maintainable as it seeks execution of Revenue Court orders, in accordance with Manbhavati v. State of U.P.
Summary
The petitioner, Sai Deen, filed a writ petition seeking a mandamus directing respondents 2 to 4 to remove an illegal encroachment of a house built by respondents 6 to 10 on Gata No.429 in Village Tilausa, Banda district, and to decide pending representations dated 03.12.2025, 20.02.2026 and 26.02.2026. The State, through its standing counsel, raised a preliminary objection that the petition was not maintainable because it sought execution of orders of the Revenue Court, citing the Division Bench decision in Manbhavati v. State of U.P. (2020 1 AWC 789A). The Court examined the objection and held that the writ petition fell within the category of orders that cannot be enforced by a writ under the earlier precedent. Consequently, the Court dismissed the petition but allowed the petitioner to pursue the appropriate remedy available under law. The order was pronounced by Hon'ble Justice Manish Kumar Nigam on 5 May 2026.
Issues considered
- Whether a writ petition seeking execution of Revenue Court orders is maintainable under Article 226 of the Constitution
- Whether the petition for mandamus to remove illegal encroachment can be entertained in view of the precedent in Manbhavati v. State of U.P.
Subjects
- writ petition
- mandamus
- illegal encroachment
- Revenue Court orders
- maintainability
- preliminary objection
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17530 of 2026
Sai Deen
.....Petitioner(s)
Versus
State Of U.P. And 9 Others
.....Respondent(s)
Counsel for Petitioner(s) : Lallu Singh, Saroj Kumar Rajpoot
Counsel for Respondent(s) : Achal Singh, C.S.C.
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. The present writ petition has been filed for the following relief:-
"Issue a writ, order of direction in the nature of mandamus commanding
and directing the respondent No.2 to 4 to remove illegal encroachment
of house constructed by the respondent No.6 to 10 over the Gata No.429
situated at Village-Tilausa, Tehsil-Baberu, District-Banda.
Issue a writ order of direction in the nature of mandamus commanding
and directing the respondent No.2 to 4 to decide the representation dated
03.12.2025, 20.02.2026 and 26.02.2026 moved before the respondent
No.2 to 4 within stipulated period as may be fixed by this Hon'ble Court,
so that justice be done."
3. A preliminary objection has been raised by learned Standing Counsel
for the State that the writ petition is not maintainable for execution of
orders passed by the Revenue Court in view of the judgment of Division
Bench of this Court in case of Manbhavati Vs. State of U.P. and others
reported in 2020 1 AWC 789A.
4. Accordingly, the petition is disposed of with liberty to the petitioner to
avail the remedy as available to him under law.
(Manish Kumar Nigam,J.)
May 5, 2026
Nitika Sri.
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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