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Neutral Citation No. - 2025:AHC:78712 Court No. - 35 Case :- WRIT - C No. - 40238 of 2024 Petitioner :- Sanjeev Singh Respondent :- State Of Up And 8 Others Counsel for Petitioner :- Sudha Singh,Vinit Kumar Sharma Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.,Chandra 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:
"a. Issue a suitable writ, order of direction in the nature of mandamus commanding upon the concerned respondent authorities to forthwith consider and decide the petitioner's applications dated 19.07.2024 and 07.09.2024 and remove the illegal and unauthorized encroachment made by respondent nos.6 to 9 over Chak-marg i.e. Araji No.18/0.036 Hectare, in pursuance of the orders passed by Tehsildar, Badlapur District Jaunpur in four separate proceedings U/s 67 of U.P. Revenue Code, 2006 initiated against the private respondent nos.6 to 9 respectively."
3. Contention of learned counsel for the petitioner is that orders have been passed under Section 67 of the U.P. Revenue Code, 2006, but the same have 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 law. This order has been passed in presence of Sri C.K. Singh, learned counsel for the respondents.
Order Date :- 14.5.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad