Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 111441 (ALL)

VINDHYACHAL CHAUHAN v. STATE OF U.P. AND 5 OTHERS

WRIC/41718/2024 · 2025-05-13

Manish Kumar Nigam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:78858 Court No. - 35 Case :- WRIT - C No. - 41718 of 2024 Petitioner :- Vindhyachal Chauhan Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Bipin Lal Srivastava,Satish Chandra Sinha Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed for following relief- "(1) Issue a writ order or direction in the nature of mandamus commanding the respondent no.4 to implement the eviction order dated 30.04.2009 passed against the respondent no.6 in the proceeding under section 122B of U.P.Z.A.& L.R. Act in respect of Gata No.26 area 0.025 hectare over the Rasta/Charagah land, situated in Village-Mubarakpur Khedu, Pargana-Jahurabad, Tehsil-Kasimabad, District-Ghazipur, however till date the encroachment is still in existence over the property in dispute by way of raising construction over the same." 3. Contention of learned counsel for the petitioner is that an order dated 30.04.2009 has been passed under Section 122-B of the U.P.Z.A.& L.R. Act, 1950, but the same has not been given effect to. 4. Learned Standing Counsel has 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 :- 14.5.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad