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2025 DAILYLAW 112866 (ALL)

RAKSH PAL SINGH v. STATE OF U.P. AND 4 OTHERS

WRIC/42793/2024 · 2025-03-17

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39301 Court No. - 35 Case :- WRIT - C No. - 42793 of 2024 Petitioner :- Raksh Pal Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Prakash,Sanjay Kr. Srivastava Counsel for Respondent :- Avinash Chandra Srivastava,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 seeking following relief :- "Issue a writ, order or direction in the nature of Mandamus commanding the respondent No.4/Tehsildar, Tehsil Jasrana, District Firozabad to implement the order dated 13.07.2023 passed by the learned Board of Revenue, Circuit Court-2, Agra in Revision No.109 of 2023 [Computerized Case No.AG2023012600109 [Raksh Pal Singh Vs. Gram Sabha & others] by making necessary entries in revenue record for mutation/Amaldaramad in accordance with law; within some stipulated period as prescribed by this Hon'ble Court in the interest of justice." 3. 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." 4. In view of the same, I am not inclined to interfere in the matter. 5. 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 :- 18.3.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad