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2025 DAILYLAW 16083 (ALL)

TEJVEER AND 5 OTHERS v. STATE OF U.P. AND 8 OTHERS

WRIC/4043/2025 · 2025-04-06

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50167 Court No. - 35 Case :- WRIT - C No. - 4043 of 2025 Petitioner :- Tejveer And 5 Others Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Prajjwal Tyagi,Sanjeev Kumar Tyagi Counsel for Respondent :- C.S.C.,Krishna Kant Singh 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: "issue a writ, order or direction in the nature of mandamus, commanding the administrative authorities to remove the illegal encroachment of the private respondents forthwith from the village rasta situated over khasra no. 101 and 103 of village Nagola, Tehsil Gabhana, District - Aligarh in compliance of the order passed by learned Tehsildar in the proceedings under Section 67 of the Revenue Code in the interest of justice. ii) issue a writ, order or direction in the nature of mandamus, commanding the respondent authorities to decide the representation of the petitioner dated 17/10/2024 (Annexure no. 4)." 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." 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 :- 7.4.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad