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2025 DAILYLAW 11875 (ALL)

NIKHIL DIXIT v. STATE OF U.P. AND 3 OTHERS

WRIC/5211/2025 · 2025-03-18

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39212 Court No. - 35 Case :- WRIT - C No. - 5211 of 2025 Petitioner :- Nikhil Dixit Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Tiwari,Vijai Kumar Tiwari Counsel for Respondent :- 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 reliefs:- "(i) Issue a writ, order and direction in the nature of Mandamus commanding and directing the respondent No.3 Sub-Divisional Magistrate, Tehsil-Narval, District-Kanpur Nagar to consider and decide the application dated 21.05.2024 for compliance of order dated 24.11.2024 passed in Case No. 5448 of 2022, Computerize Case No. T2022903410405448 (Nikhil Dixit Vs. State of U.P.) under section 24 of U.P. Revenue Code 2006. (ii) Issue a writ, order and direction in the nature of mandamus commanding and directing to the respondents concerned to provide actual physical possession of Gata No. 205 situated in Village Tilsahari Bujurg, Pargana and Tehsil-Narval, District- Kanpur Nagar to the petitioner in pursuance of order dated 24.11.2022 passed by the Court of Additional Collector First Class/Sub-Divisional Magistrate, Tehsil-Narval, District-Kanpur Nagar under section 24 of U.P. Revenue Code." 3. Contention of learned counsel for the petitioner is that an order dated 24.11.2022 has been passed under Section 24 of the U.P. Revenue Code, 2006, but the same has not been given effect to. 4. Learned Standing Counsel has raised a preliminary objection that 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 U.P. Revenue Court Manual. Order Date :- 19.3.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad