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2025 DAILYLAW 109320 (ALL)

SURESH SINGH v. State of UP AND 7 OTHERS

WRIC/39873/2024 · 2025-05-13

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79225 Court No. - 35 Case :- WRIT - C No. - 39873 of 2024 Petitioner :- Suresh Singh Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Prem Prakash Counsel for Respondent :- Bal Mukund Singh,C.S.C.,Pradeep Singh,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 directing the respondent No.2 to take appropriate action regarding the removal of unauthorized occupation and encroachment of the respondents No.5 to 8 from the land in question with immediate effect in compliance of order dated 30.12.2023 passed by him in case Nos. 6044 of 2022, (Report Lekhpal Vs. Ram Achal.), Case No. 6042 of 2022, (Report Lekhpal Vs. Ram Sagar), Case no.6038 of 2022, (report Lekhpal vs. Brijlal) and Case No. 6036 of 2022 (report Lekhpal Vs. Nirmala Devi)." 3. Contention of learned counsel for the petitioners is that an order dated 30.12.2023 has been passed by the respondent No. 2, but the same has not been given effect to. 4. 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 :- 14.5.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad