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Allahabad High Court

KOMALversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as execution of the order under Section 67 must be pursued under paragraph 460 of the U.P. Revenue Court Manual, not through a writ jurisdiction.

Summary

The petitioner, Komal, filed a writ petition in the Allahabad High Court seeking mandamus directing the Tehsildar of Rudhauli Tehsil to enforce an order passed under Section 67 of the Uttar Pradesh Revenue Code, 2006 for demolition of an illegal construction, and also directing the Collector to decide a representation. The petitioner alleged that despite the order, the authorities had taken no action. The Court observed that an order under Section 67 had indeed been passed against the private respondent. However, the Court noted that the Uttar Pradesh Revenue Court Manual, paragraph 460, prescribes the procedure for execution of such orders. Consequently, the Court held that a writ petition cannot be entertained for the purpose of implementing the order. The petition was therefore dismissed, with a direction that the appropriate proceedings under the Manual be initiated.

Issues considered

  • Whether a writ petition can be entertained for the execution of an order passed under Section 67 of the U.P. Revenue Code, 2006
  • Whether mandamus may be directed to the Tehsildar/Collector for implementation of such an order

Legislation cited

Subjects

  • mandamus
  • writ petition
  • Section 67
  • U.P. Revenue Code
  • implementation of order
  • Revenue Court Manual
  • execution of revenue order

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                          WRIT - C No. - 28079 of 2026

Komal
                                                                   .....Petitioner(s)
                                       Versus

State Of U.P. And 3 Others
                                                                 .....Respondent(s)

Counsel for Petitioner(s)          : Chitrakul Vipinam Vasudev, Santosh
                                     Kumar Srivastava
Counsel for Respondent(s)          : C.S.C.

Court No. - 37
                 HON'BLE CHANDRA KUMAR RAI, J.

1. Heard learned counsel for the petitioner and Sri Awadesh Kumar Patel,
learned Standing Counsel for the State.

2. The instant petition has been filed for the following reliefs:-

     A. Issue a writ, order or direction in the nature of Mandamus
     commanding the Tehsildar Tehsil Rudhauli District Basti (respondent
     No. 3) to take strict action upon the report of revenue officials in Case
     No. 178 of 2025 (Computrized Case No. T202517140400178 (State Vs.
     Bhagwandas) under section 67 of U.P. Revenue Code, 2006, by
     demolishing the illegal construction raised by respondent No. 4 over
     Gata No. 304/0.022 hectare area 0.010 situated at village Gandharia
     Faij, Tappa recorded as Road, and/or

     B. Issue a writ, order or direction in the nature of Mandamus directing
     the Collector, Basti (respondent No. 2) to decide the representation of
     the petitioner dated 10.11.2025 within the time stipulated by this
     Hon'ble Court.

     C. Issue a writ, order or direction in the nature which this Hon'ble
     Court may deem fit and proper in the circumstances of the case.

     D. Allow the writ petition with cost throughout to the petitioner.

3. Learned counsel for the petitioner submitted that inspite of the order
passed under Section 67 of the U.P. Revenue Code, 2006, the order has
not been given effect. He submitted that petitioner has filed an application
before the authority for the implementation of the order, but no steps has
been taken by the authorities, as such authorities be directed to take
appropriate steps in accordance with law.
                                                                                          WRIC No. 28079 of 2026
                                                                   2


                                    4. I have considered the argument advanced by the learned counsel for the
                                    petitioner and perused the record.

                                    5. There is no dispute about the fact that an order under Section 67 of the
                                    U.P. Revenue Code, 2006 has been passed by Tehsildar against the
                                    private respondent.

                                    6. Under para 460 of the U.P. Revenue Court Manual, provision has been
                                    prescribed for implementation/execution of the order passed under
                                    Section 67 of the U.P. Revenue Code, 2006, as such the writ petition
                                    cannot be entertained for implementation/execution of the order passed
                                    under Section 67 of the U.P. Revenue Code, 2006.

                                    7. The writ petition is dismissed with the observation that appropriate
                                    proceeding can be initiated as provided under para 460 of the U.P.
                                    Revenue Court Manual in accordance with law.




                                                                                     (Chandra Kumar Rai,J.)
                                    September 9, 2026
                                    Neetu




Digitally signed by :-
NEETU SINGH
High Court of Judicature at Allahabad


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