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2025 DAILYLAW 111595 (ALL)

SATISH CHANDRA v. STATE OF U.P. AND 2 OTHERS

WRIC/41704/2024 · 2025-04-28

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66673 Court No. - 35 Case :- WRIT - C No. - 41704 of 2024 Petitioner :- Satish Chandra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd Saifh,Nitish Kumar Yadav,Prashant Sharma 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 reliefs: "(I) Issue a writ, order or direction in nature of mandamus directing and commanding the respondent no.2 to complete the proceedings of section 24 (2) of the U.P. Revenue Code 2006 in pursuance of the order dated 02.04.2022. (II) Issue a writ, order or direction in nature of mandamus directing and commanding the respondent no.2 for considering the grievance of the petitioner and pass appropriate orders on the representation dated 12.07.2024 forthwith." 3. Contention of learned counsel for the petitioners is that an order dated 02.04.2022 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 law. Order Date :- 29.4.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad