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Allahabad High Court

MULKI DEVIversusSTATE OF UTTAR PRADESH AND 6 OTHERS

Decided

Holding

A writ petition for execution of a revenue order cannot be entertained where the U.P. Revenue Court Manual prescribes a specific implementation procedure.

Summary

Mulki Devi filed a writ petition in the Allahabad High Court seeking a mandamus directing the authorities to implement an order dated 09‑06‑2025 passed by the Sub‑Divisional Magistrate under Section 134 of the U.P. Revenue Code, 2006, and to consider her subsequent applications dated 13‑02‑2026 and 21‑05‑2026. The petitioner alleged that despite the final revenue order, the authorities had taken no steps for its execution. The Court examined the procedural provisions of the U.P. Revenue Court Manual, particularly Para 460, which prescribes a specific mechanism for the implementation of revenue orders. It held that a writ petition cannot be entertained for execution of a revenue order when a statutory procedure exists. Consequently, the petition was disposed of, with liberty granted to the petitioner to initiate the appropriate proceeding under the revenue code for execution of the order.

Issues considered

  • Whether a writ petition seeking mandamus for implementation of an order passed under Section 134 of the U.P. Revenue Code, 2006 is maintainable when the Revenue Court Manual provides a specific procedure for execution.

Legislation cited

Subjects

  • mandamus
  • implementation of revenue order
  • Section 134
  • U.P. Revenue Code
  • Revenue Court Manual
  • writ petition
  • execution of order

Judgment

           HIGH COURT OF JUDICATURE AT ALLAHABAD
                            WRIT - C No. - 28240 of 2026

Mulki Devi
                                                                   .....Petitioner(s)
                                        Versus

State Of Uttar Pradesh And 6 Others
                                                                 .....Respondent(s)

Counsel for Petitioner(s)                         :   Upendra Kumar Mishra
Counsel for Respondent(s)                         :   C.S.C., Sudhir Bharti

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

1. Heard learned counsel for the petitioner, Mr. Rajesh Kumar Tiwari,
learned Additional Chief Standing Counsel for the State-respondents and
Mr. Sudhir Bharti, learned counsel for the respondent- Gaon Sabha.

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

"Issue a writ, order or direction in the nature of mandamus commanding and
directing the respondents authorities to implement/ the order dated 09.06.2025 passed
by the Sub Divisional Magistrate , Padrauna District Kushinagar / respondent no. 3
in case no. 10864 of 2024 , Computerized Case No.T202405440110864 (Mulki Versus
Shahid under section 134 of U.P. Revenue Code 2006( annexure no. 3 to this writ
petition) within stipulated period.

ii. Issue any other suitable writ, order or direction the nature of mandamus
commanding and directing the respondents authorities to consider and decide the
application / representation dated 13.02.2026 and 21.05.2026 made by the petitioner
before the respondents authorities (annexure no. 5 to this writ petition) , within
stipulated period fixed by this Hon'ble Court."

3. Learned counsel for the petitioner submitted that in spite of the final
judgement/ order passed in the proceeding under Section 134 of U.P.
Revenue Code, 2006, the order has not been given effect on spot. He
further submitted that petitioner has filed an application before the
authorities but no steps has been taken by the authorities for
implementation / execution of the order passed in the proceeding under
Section 134 of U.P. Revenue Code, 2006.
                                                                                          WRIC No. 28240 of 2026
                                                                   2


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

                                    5. There is no dispute about the fact that the proceeding under Section 134
                                    of U.P. Revenue Code, 2006 initiated at the instance of petitioner has
                                    been decided by the Sub-Divisional Officer.

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

                                    7. The instant writ petition is disposed of with liberty to initiate proper
                                    proceeding for implementation / execution of the order passed in the
                                    proceeding under U.P. Revenue Code, 2006 in accordance with law.



                                                                                     (Chandra Kumar Rai,J.)
                                    September 23, 2026
                                    Rameez




Digitally signed by :-
RAMEEZ AHMED
High Court of Judicature at Allahabad


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