Allahabad High Court

USHA DEVIversusSTATE OF U.P. AND 7 OTHERS

Decided: 7 September 2026
Bench: GARIMA PRASHAD

Holding

The Court held that no writ relief could be granted and the petitioner must seek redress under Section 134 of the U.P. Revenue Code, 2006.

Summary

Petitioner Usha Devi filed a writ petition under Article 226 seeking a mandamus directing the Sub‑Divisional Magistrate to enforce a revenue order dated 16‑Oct‑2023, which had ordered the demarcation of her property under Section 24 of the U.P. Revenue Code, 2006. Although boundary pillars were installed on 25‑Jun‑2026, the petitioner alleged that private respondents continued to occupy part of the land and had not been dispossessed. The State contended that the order was complied with by installing the pillars and that the remaining possession dispute is an inter‑se matter to be resolved under Section 134 of the same Code. The Court held that the writ court could not intervene in the possession dispute and that the appropriate remedy lay in the revenue forum. Consequently, no relief was granted, but the petitioner was given liberty to approach the proper authority within four weeks, and the writ petition was disposed.

Issues considered

Whether the High Court can issue a mandamus directing the Sub‑Divisional Magistrate to enforce its own revenue order under Article 226.
Whether the inter‑se possession dispute falls within the jurisdiction of the writ court or must be pursued under Section 134 of the U.P. Revenue Code, 2006.

Legislation cited

U.P. Revenue Code, 2006 — s. 134, 24

Subjects

Article 226
mandamus
writ jurisdiction
U.P. Revenue Code
Section 24
Section 134
possession dispute
revenue law

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 33978 of 2026

Usha Devi
.....Petitioner(s)
Versus

State Of U.P. And 7 Others
.....Respondent(s)

Counsel for Petitioner(s) : Dheeraj Kumar Maurya, Narendra
Kumar
Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla

Court No. - 1
HON'BLE GARIMA PRASHAD, J.

1. Heard learned counsel for the petitioner and the learned Standing
Counsel for the State.
2. By means of the present petition filed under Article 226 of the
Constitution of India, petitioner has prayed for the following relief:
"Issue a writ, order or direction in the nature of writ of
mandamus directing the respondent No.2/ Sub Divisional
Magistrate, Tehsil- Meh Nagar, District-Azamgarh implement
its own judicial order dated 16.10.2023 passed in Case No.-
01572 of 2022 Computer Case No.-(T202215060501572) Usha
Devi Versus Ram Chandar and others) under section 24 of U.P.
Revenue Code, 2006 under provisions of Para 460 of U.P.
Revenue Court Manual expeditiously."
3. Learned counsel for the petitioner has submitted that the petition filed
under Section 24 of the U.P. Revenue Code, 2006 was decided in favour
of the petitioner vide order dated 16.10.2023. He submits that even
though the boundary pillars were installed on the subject property on
25.6.2026, however, private respondent Nos.3 to 7, who are illegally
possessing the part of the subject property have not been dispossessed by
the respondent No.2 and thus petitioner seeks direction to the respondent
No.2 to dispossess the private respondents from the subject property.
4. Per contra, learned Standing Counsel for the State submits that the
order dated 16.10.2023 has been duly complied with by installing the
boundary pillars on 25.6.2026. He further submits that since there is a
dispute in respect of the possession of the subject property inter se the
WRIC No. 33978 of 2026
2

petitioner and the private respondents, the proper remedy for the
petitioner would be to approach the concerned authority under Section
134 of the U.P. Revenue Code, 2006.
5. In view thereof, no relief can be granted to the petitioner in the present
writ petition. However, liberty is granted to the petitioner to approach the
appropriate forum and in the event petitioner approaches the appropriate
forum within four weeks from today. The competent authority shall
adjudicate the same expeditiously in accordance with law.
6. Subject to the aforesaid, the writ petition is disposed of.

(Garima Prashad,J.)
September 8, 2026
Kuldeep

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

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