Allahabad High Court
SAI DEENversusSTATE OF U.P. AND 8 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The writ petition is not maintainable for execution of the revenue court order; the petitioner must approach the appropriate authority.
Summary
Sai Deen filed a writ petition seeking a mandamus directing respondents No.2‑4 to remove an illegal encroachment of a house built by respondents No.6‑9 on Gata No.429, and to decide pending representations. The petitioner alleged that an order under Section 67 of the U.P. Revenue Code, 2006 dated 31‑01‑2025 had not been implemented. The standing counsel for the State raised a preliminary objection that a writ cannot be filed for the execution of a revenue court order, relying on the Division Bench decision in Manbhavati v. State of U.P. (2020 1 AWC 789A). The Court accepted this objection, held that the petition was not maintainable for execution of the revenue order, and dismissed the writ. The petitioner was directed to approach the appropriate revenue authority for redress.
Issues considered
- Whether a writ petition under Article 226 is maintainable for the execution of an order passed by a revenue court under Section 67 of the U.P. Revenue Code, 2006.
Legislation cited
- U.P. Revenue Code, 2006 — s. 67
Subjects
- mandamus
- writ jurisdiction
- revenue law
- illegal encroachment
- Section 67
- preliminary objection
- execution of order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17703 of 2026
Sai Deen
.....Petitioner(s)
Versus
State Of U.P. And 8 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 petitioner, learned Standing
Counsel for the State-respondents and perused the record.
2. The writ petition has been filed for the following relief:
"i. 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 9 over the Gata No.429 situated at
Village-Tilausa, Tehsil-Baberu, District-Banda.
ii. 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 meved 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. Contention of learned counsel for the petitioner is that an order
under Section 67 of the U.P. Revenue Code, 2006 has been
passed against the respondents on 31.01.2025 but the same has
not been given effect to.
WRIC No. 17703 of 2026
2
4. Learned Standing Counsel has raised a preliminary objection
that writ petition cannot be filed 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.
5. Accordingly, the petition is disposed of with liberty to the
petitioner to approach the authority concerned for redressal of his
grievance.
May 6, 2026 (Manish Kumar Nigam,J.)
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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