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2025 DAILYLAW 105252 (ALL)

KHALIL v. STATE OF U.P. AND 2 OTHERS

WRIC/35696/2024 · 2025-03-18

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39804 Court No. - 35 Case :- WRIT - C No. - 35696 of 2024 Petitioner :- Khalil Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anshu Pandey,Pavan Kumar Yadav,Sachin Mishra Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed for following relief:- "i. Issue a suitable writ order in the nature of Mandamus directing upon the respondent No.2 and 3 that they may demarcate the land of petitioner and complete the Patthar Nashab Proceeding of Araji No. 48 Area 0.024 Hectare and Araji No. 49 Area 0.105 Hectare situated in Village Balak Patti Thappa Mainpur Pargana CJO, Tehsil- Kasya District Kushi Nagar for which application is already been pending before him, otherwise the petitioner and her family shall suffer grave irreparable loss and injury." 3. Learned Standing Counsel has raised a preliminary objection that view of the judgment of Division Bench of this Court in case of Manbhavati Vs. State of U.P. and others reported in 2020 1 AWC 789A and Writ C No. 7863 of 2018 (Brij Bhushan Rai v. State of U.P. and 6 others) the writ petition is not maintainable for execution of orders passed by the Revenue Court. It has been further contended by learned Standing Counsel that in view of provisions of paragraph No. 460 of the U.P. Revenue Court Manual, the petitioner has remedy for getting the order implemented. For ready reference, paragraph No. 460 of the U.P. Revenue Court Manual is quoted as under:- "460. Execution of decree and order- (1)The decree or order passed under the Code or the Rules framed under the Code shall, mutatis mutandis, be executed in accordance with the provisions of Chapter V. (2) The Assistant Collector/Tahsildar passing the order for eviction or recovery of any amount of damages or compensation under the provisions of Section 67 of the Code shall get the order executed and in execution of the order he shall, mutatis mutandis, follow the procedure laid down in paragraphs 137 and 138." 4. In view of the same, I am not inclined to interfere in the matter. 5. Accordingly, the petition is disposed of with liberty to the petitioner to pursue the remedy as available to him under the U.P. Revenue Court Manual. Order Date :- 19.3.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad