Allahabad High Court
WRIC/11321/2025 of SHAHNAAZ Vs STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT., LKO. AND OTHERS on 3 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11321 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Sri Sarvesh Upadhyay, learned counsel for the petitioner, learned Standing counsel for respondent Nos. 1 to 5. 2. In light of the order proposed to be passed notice to the respondents is
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - C No. - 11321 of 2025
Court No. - 5
HON'BLE ALOK MATHUR, J.
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1. Heard Sri Sarvesh Upadhyay, learned counsel for the petitioner, learned Standing counsel for respondent Nos. 1 to 5.
2. In light of the order proposed to be passed notice to the respondents is dispensed with.
3. It has been submitted on behalf of the petitioner that he is duly elected village Pradhan of Village Panchayat - Koinda, Pargana & Tehsil - Akbarpur, District - Ambedkar Nagar. It is submitted that an inquiry was conducted by the concerned Lekhpal regarding fraudulent entries in the revenue record with regard to number of Gatas, which were recorded as Talab (Pond) in the revenue record. A report in this regard was submitted before Sub Divisional Magistrate on 06.12.2023. Acting upon the said report Sub Divisional Magistrate registered Case No. 8235 of 2023 and passed an order dated 02.04.2024, cancelling names of the persons which were recorded over the Pond land. The Tehsildar, passed an order under Section 67 of the U.P. Revenue Code, 2006 in Case Nos. 4022 of 2017 and 4023 of 2017 and by means of his order dated 30.05.2024, directed removal of illegal encroachers and imposed penalty of Rs.60,000/- and 2400/- respectively on each illegal encroacher.
4. It has been submitted that despite passing of order dated 30.05.2024, the State- authorities are not evicting the illegal encroachers from the aforesaid land which is recorded as Pond in the revenue records.
5. Learned Standing counsel, on the other hand, submits that the petitioner has equally efficacious and alternate remedy of executing the orders of revenue court as per Para 460 of U.P. Revenue Court Manual where an order of revenue authority can be executed.
6. At this stage, learned counsel for the petitioner submits that liberty may be granted to the petitioner to approach the competent authority under Para 460 of U.P. Revenue Court Manual for execution of the orders Versus Counsel for Petitioner(s) : Sarvesh Upadhyay, Shivanshu Upadhyay Counsel for Respondent(s) : C.S.C., Prashansa Singh, Pratibha Singh Shahnaaz .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others .....Respondent(s)
passed by the Prescribed Authority as well as of the other authorities.
7. Accordingly, the petition is disposed of with liberty to the petitioner to approach competent authority by moving appropriate application under para 460 of Revenue Court Manual to execute the orders of the revenue authorities. In case, such an application is moved within two weeks from today the same shall be disposed of expeditiously.
December 3, 2025 A. Verma WRIC No. 11321 of 2025 2 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench