Neutral Citation No. - 2025:AHC:74684 Court No. - 35 Case :- WRIT - C No. - 39978 of 2024 Petitioner :- Vijaypal Respondent :- State Of Up And 13 Others Counsel for Petitioner :- Mahendra Pratap Counsel for Respondent :- C.S.C.,Krishna Kant Singh Hon'ble Manish Kumar Nigam,J. 1. Heard learned Standing Counsel for the State-respondents and perused the record. 2. This writ petition has been filed for following reliefs:- "(i) Issue a writ, order or direction in the nature of MANDAMUS commanding the Respondent Nos.2 to 4 to ensure the peaceful possession of the Petitioner over the land in question having Araji No.169 Sa area 0.1620 Hectere, situated at Village-Fatehpura, Pargana- Etah Sakeet, Tehsil- Etah, District- Etah. (ii) Issue a writ, order or direction in the nature of MANDAMUS commanding the Respondent Nos.2 and 4 to decide the representation dated 22.07.2024 and 21.08.2023 (ANNEXURE NO.-5 to this Writ Petition) filed by the Petitioner before him in accordance with provisions of Law within an stipulated period." 3. From perusal of the writ petition it appears that an order dated 26.07.2023 has been passed under Section 209 of the U.P. Revenue Code, 2006, but the same has not been given effect to. 4. Learned Standing Counsel has raised a preliminary objection that the order passed under Section 209 of the U.P. Revenue Code, 2006 is an executable order as the provisions of C.P.C. will apply to the proceedings under Section 209 of the U.P. Revenue Code, 2006. It has been further submitted that in 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." 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 petitioner to pursue the remedy as available to him under the law. Order Date :- 8.5.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad