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Neutral Citation No. - 2025:AHC:79996 Court No. - 35 Case :- WRIT - C No. - 40036 of 2024 Petitioner :- Birelal Bhartiya Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pramod Kumar,Sanjay Kumar Rajbhar Counsel for Respondent :- Azad Rai,C.S.C. 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.3 Tehsildar, Tehsil-Meja, District-Prayagraj to comply the order passed by him in the Case No.828 of 2023 (Land Management Committee vs. Banwari Lal) in the proceeding under Sections 67 of the U.P. Revenue Code-2006 for the dispossession of the illegal possession of the respondent no.5 within the stipulated period, which may be deem fit by this Hon'ble Court, during the pendency of the present writ petition."
3. Contention of learned counsel for the petitioner is that despite an order being passed by the impugned authority, 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, writ jurisdiction cannot be exercised for compliance of the orders passed by the revenue authority . 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 :- 15.5.2025/Priya (Manish Kumar Nigam, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad