Neutral Citation No. - 2025:AHC:23602 Court No. - 34 Case :- WRIT - C No. - 2519 of 2025 Petitioner :- Mohd Shafi Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Kishore Dubey 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 petition has been filed for the following relief: "i) Issue a writ, order or direction in the nature of writ of mandamus commanding the respondent no. 2 to pass appropriate action for removing the illegal encroachment /construction made by respondent no. 3 on Public Utility Land (Chak Marg) i.e. Arazi No. 610, situated at Village- Gauspur, Tehsil-Jakhaniya, District- Ghazipur. ii) Issue a writ, order or direction in the nature of mandamus directing the Tehsildar, Tehsil- Jakhaniya, District Ghazipur/ respondent No. 2 to decide the application dated 23.02.2024 filed by the petitioner, within a stipulated period.(Annexure No. 6 to the writ petition)." 3. Contention of learned counsel for the petitioners is that an order dated 08.04.2022 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 the U.P. Revenue Court Manual. Order Date :- 19.2.2025 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