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2025 DAILYLAW 108704 (ALL)

JAGADISH AND 4 OTHERS v. State of UP AND 3 OTHERS

WRIC/39283/2024 · 2025-04-07

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50842 Court No. - 35 Case :- WRIT - C No. - 39283 of 2024 Petitioner :- Jagadish And 4 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Manoj Kumar Maurya Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This petition has been filed for the following relief: "Issue, a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 & 3 to record the names of the petitioners in revenue record i.e. extract of Khatauni as Tenure Holder with transferable right in pursuance of the resolution dated 22.12.1998, passed by the Gram Sabha and confirmation order dated 07.05.1999, inasmuch as in pursuance of the judgment and order dated 07.05.2013, passed by Hon'ble Board of Revenue U.P. Circuit Court Meerut In Revision No.22ZA(M) of 2012-13 Brijpal & others Vs. State of U.P. II. Issue, a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 & 3 to implement the order dated 07.05.2013, passed by Hon'ble Board of Revenue as well as order dated 16.12.2022, passed by this Hon'ble Court in Writ-B No.7900 of 2014 (Gaon Sabha of Village Jewar Vs. State of U.P. & others) as per its virtue and spirit. Issue, a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to decide the representation dated 27.09.2024 with speaking and reasoned order within stipulated period as may be fixed by this Hon'ble Court." 3. Learned Standing Counsel has raised a preliminary objection that in view of the judgment of Division Bench of this Court in case of Manbhavati v. 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 Revenue Court. It has been further submitted by learned Standing Counsel that in view of provisions of paragraph no. 460 of the U.P. Revenue Court Manual, the petitioners have 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." 5. In view of the same, I am not inclined to interfere in the matter. 6. Accordingly, the petition is disposed of with liberty to the petitioners to pursue the remedy as available to them under the U.P. Revenue Court Manual. Order Date :- 8.4.2025/Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad