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2025 DAILYLAW 29896 (ALL)

SATYA NARAYAN v. STATE OF U.P AND 3 OTHERS

WRIC/7495/2025 · 2025-04-06

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:49675 Court No. - 35 Case :- WRIT - C No. - 7495 of 2025 Petitioner :- Satya Narayan Respondent :- State Of U.P And 3 Others Counsel for Petitioner :- Sushil Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State- respondents and perused the record. 2. This petition has been filed for the following relief: "issue writ, order or direction the nature of mandamus commanding and directing the respondent No. 3 and 4 to comply with the order dated 21/04/2023 passed by learned Additional Commissioner (Judicial), Kanpur Division, Kanpur in Case No. 01791 of 2020 Computerized Case No. C202003000001791) "Satya Narayan Vs. Bhumi Prabandhak Samiti" under section 207 of U.P. Revenue Code, 2006 and record the petitioner's name on Gata No. 461, area 3.70 acar situated in Village-Kakrahi, Pargana and Tehsil Auraiya, District-Auraiya in revenue record within stipulated period." 3. Contention of learned counsel for the petitioner is that an order dated 21.04.2023 has been passed by Additional Commissioner (Judicial), Kanpur Division, Kanpur, but the same has not been given effect to. 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 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 petitioner to pursue the remedy as available to him under the U.P. Revenue Court Manual. Order Date :- 7.4.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad