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2025 DAILYLAW 27469 (ALL)

ARIF v. STATE OF U.P. AND 7 OTHERS

WRIC/9194/2025 · 2025-04-09

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52484 Court No. - 35 Case :- WRIT - C No. - 9194 of 2025 Petitioner :- Arif Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Mohd Mohiuddin Siddiqui Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant writ petition has been filed for following relief: "A. A writ order or direction in the nature of mandamus directing to the respondent no.3 i.e. Tehsildar, Tehsil Chadausi, District Sambhal, compliance the order dated 18.12.2024 passed by respondent no.2 i.e. Sub Divisional Magistrate Chandausi, District Sambhal. B. A writ order or direction in the nature of mandamus directing to the respondent no.2 decide the application of the petitioner dated 09.01.2025 which is still pending before respondent no.2 till today." 3. A preliminary objection has been raised by learned Standing Counsel that the order passed under Section 116 of the U.P. Revenue Code, 2006 is a decree therefore, the same can be executed as the provisions of C.P.C. are applicable. It has been further contended by learned Standing Counsel that in veiw 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 law. Order Date :- 10.4.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad