Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:21620 Court No. - 34 Case :- WRIT - C No. - 2543 of 2025 Petitioner :- Kusuma Devi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Sarvajeet Singh Counsel for Respondent :- C.S.C.,Sher Bahadur Singh Hon'ble Manish Kumar Nigam,J.
2. Heard learned counsel for the parties and perused the record. 3. This writ petition has been filed for following relief-
"To issue a writ order or direction in the nature of mandamus commanding and directing to concern respondents to ensure the compliance the order dated 29-05- 2024 of maintained the status-quo pertaining Khasra/Gata No. 121 Min. area 0.1240Hectair and Khata No. 00232, Gata No. 121Min. area 0.5840 Hectare, situated at Gram- Roopamaee @ Ramnagar, Pargana-Ushait, Tehsil-Dataganj District-Budaun. To issue a writ order or direction in the nature of mandamus commanding and directing to concern respondents to stop the construction of Boundary wall constructed by co-sharer of Khasra/Gata No. 121 Min. area 0.1240Hectair and Khata No. 00232, Gata No. 121Min. area 0.5840 Hectare, situated at Gram- Roopamaee @ Ramnagar, Pargana-Ushait, District-Budaun."
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 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, 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 :- 13.2.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad