Neutral Citation No. - 2025:AHC:40987 Court No. - 35 Case :- WRIT - C No. - 39565 of 2024 Petitioner :- Smt. Neelam Singh Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Mainuddin Ahamad,Manish Kumar Pandey Counsel for Respondent :- C.S.C.,Pradeep Kumar Srivastav Hon'ble Manish Kumar Nigam,J. Order on Civil Misc. Amendment Application 1. Heard learned counsel for the petitioner. 2. Application is allowed in terms of the prayer made therein. 3. Learned counsel for the petitioner is permitted to carry out necessary amendment in the prayer clause of writ petition during course of the day. Order on Petition 1. Heard learned counsel for the parties and perused the record. 2. This petition has been filed for the following relief: "(i) Issue a writ order or direction in the nature of mandamus directing the respondent no. 3/Sub- Divisional Magistrate, Sadar, Mau to comply the order dated 26-03-2016 passed in Case No. T20151551016460 under section 29/41 Land Revenue Act Mauza- Pardaha, Pargana- Mohammdabad, Tehsil Maunath Bhanjan, District- Mau in respect of Arazi No. 321/0.627 hectare situated at Mauza- Pardaha, Pargana- Mohammdabad, Tehsil- Maunath Bhanjan, District- Mau by directing the area lekhpal and revenue inspector to go on the spot and fixed the boundary mark around the Arazi No. 321/0.627 hectare as provided under section 41 of the U.P. Land Revenue Act as the respondent no. 4 has already uprooted the fixed boundary mark around the Arazi No. 321/0.627 hectare three times which was fixed in compliance of the order dated 26-03-2016 passed by the respondent no. 3 in place of (i) Issue a writ, order or direction in the nature of mandamus direct the respondent no. 3/ Sub-Divisional Magistrate, Sadar, Mau to comply the order dated 26-03-2016 passed in Case No. T20151551016460 under section 29/41 Land Revenue Act Mauza- Pardaha, Pargana- Mohammdabad, Tehsil-Maunath Bhanjan, District- Mau in respect of Arazi No. 321/0.627 hectare situated at Mauza- Pardaha, Pargana-Mohammdabad, Tehsil- Maunath Bhanjan, District- Mau by constituting a team of Revenue and Police Department as provided under rule 22 (12) and (14) of the Uttar Pradesh Revenue Code Rules, 2016 and the respondent no. 4 has already uprooted the fixed boundary marks around the arazi No. 321/0.627 two times in compliance of the order dated 26-03-2016 passed by the respondent no. 3." 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 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 her under the U.P. Revenue Court Manual. Order Date :- 20.3.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad