Data Prasad Dubey Vs State of U.P. and 4 Others — Allahabad HC (2026) — LawSathi Research

Data Prasad Dubey Vs State of U.P. and 4 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to avail the alternative remedy of execution under paragraph 460 of the U.P. Revenue Court Manual; the prayer for mandamus was not granted.

Issue for consideration

Whether a writ petition seeking execution/compliance of the order dated 20.06.2002 passed under Section 122-B of the U.P.Z.A. and L.R. Act (eviction and recovery of damages) is maintainable, or whether the petitioner must pursue execution under paragraph 460 of the U.P. Revenue Court Manual.

Court's answer

In view of the Division Bench decisions in Manbhavati (2020 1 AWC 789A) and Brij Bhushan Rai (Writ C No. 7863 of 2018), the petition for execution of orders passed by the Revenue Court was not entertained on the maintainability objection; the petitioner was relegated to the alternative remedy of execution under paragraph 460 of the U.P. Revenue Court Manual.

Ratio / Principle

The writ petition is disposed of with liberty to the petitioner to avail the alternative remedy available under the aforesaid provisions of law (execution under paragraph 460 of the U.P. Revenue Court Manual); the mandamus as prayed was not issued.

Detailed headnote1 paragraphs

PIL No. 1158 of 2026 (Allahabad High Court, Arun Kumar, J., decided May 5, 2026): Petitioner Data Prasad Dubey sought a writ of mandamus directing respondent nos. 2 and 3 to comply with the order dated 20.06.2002 passed by respondent no. 3 in Case No. 20/119, 131 of 2001-02 (Report Lekhpal Vs. Santosh Kumar) under Section 122-B of the U.P.Z.A. and L.R. Act, to remove the alleged encroachment by respondent no. 5 over Plot No. 176 (area 0260 hectare) recorded as chak road in Village Mewali, Tehsil Sadar, District Mirzapur, and to decide his representation dated 04.11.2025. Eviction and recovery-of-damages orders had already been passed in the Section 122-B proceedings. Accepting the Standing Counsel's objection, grounded in the Division Bench decisions in Manbhavati v. State of U.P., 2020 1 AWC 789A, and Brij Bhushan Rai v. State of U.P., Writ C No. 7863 of 2018, that a petition for execution of Revenue Court orders is not maintainable and that execution lies under paragraph 460 of the U.P. Revenue Court Manual, the Court disposed of the petition with liberty to the petitioner to avail that alternative remedy.

HIGH COURT OF JUDICATURE AT ALLAHABAD

PUBLIC INTEREST LITIGATION (PIL) No. - 1158 of 2026

Data Prasad Dubey

.....Petitioner(s)

	Versus
State Of U.P. And 4 Others	.....Respondent(s)
Counsel for Petitioner(s)	: Mahesh Kumar Dubey, Yadvendra Yadav
Counsel for Respondent(s)	: C.S.C., Pradeep Singh
Court No.- 55

HON'BLE ARUN KUMAR, J.

Heard learned counsel for the petitioner and learned Standing Counsel for the respondent nos. 1 to 3. Sri Pradeep Singh, Advocate has accepted notice on behalf of respondent no. 4.

The present petition has been filed for the following relief:

"i) Issue a writ order or direction in the nature of mandamus and directing Res. No.2 and Res. No.3 to comply the order dated 20.06.2002 passed by the Res. No.3 in Case No. 20/119, 131 of 2001-02 (Report Lekhpal Vs. Santosh Kumar) under Section 122-B of U.P.Z.A. and L.R. Act and remove the illegal encroachment made by the Res. No.5 over Plot No. 176 area 0260 hectare recorded as chak road situated in Village Mewali, Tehsil Sadar, District Mirzapur, and this Hon'ble Court may be pleased to decide the representation moved by the petitioner dated on 04.11.2025."

It is contended by the learned counsel for the petitioner that proceedings under Section 122-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 were initiated against the encroachers in which orders of eviction and recovery of damages have already been passed.

Learned Standing Counsel on the other hand contends that the present petition for execution of orders passed by the Revenue Court is not maintainable in view of the Division Bench Judgment of this Court in case of Manbhavati v. State of U.P. and others reported in 2020 1 AWC 789A

WPIL No. 1158 of 2026

2

and Writ C No. 7863 of 2018 (Brij Bhushan Rai v. State of U.P. and 6 others). Moreover, the petitioner has an alternative remedy to get the orders of eviction and recovery of damages executed under the provisions of paragraph 460 of the U.P. Revenue Court Manual.

In view of the aforesaid, the present petition is disposed of with liberty to the petitioner to avail the alternative remedy available to him under the aforesaid provisions of law.

(Arun Kumar,J.)

May 5, 2026 Ranjeet Sahu

Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad