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Neutral Citation No. - 2025:AHC:37940 Court No. - 35 Case :- WRIT - C No. - 7799 of 2025 Petitioner :- Ram Singh Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Amit Singh Parihar,Onkar Nath Counsel for Respondent :- Azad Rai,C.S.C. 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:
"I. to issue a writ, order, or direction in the nature of mandamus directing the respondent No. 5 and 6 to take proper action against the Respondent No. 8 and 9 in compliance of order dated 07/12/2024 passed by Respondent No. 4 in case no. 5262 of 2024 (Gram Sabha Vs Rajesh Singh) and in case no. 5263 of 2024 (Gram Sabha Vs Kamal Singh) for removing the illegal encroachment over the Gata No. 142 is recorded as Naveen Parti in revenue record of Village Pahur, Pargana and Tehsil Bindki, District Fatehpur keeping in view of Para. 7.4 of Government Order Dated 08/05/2017 letter No. R-1082/G-5 01Ati/2017."
3. Learned Standing Counsel has submitted that the petitioner is complainant and this writ petition is not maintainable at this behest. Learned Standing Counsel has also 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."
4. In view of the same, I am not inclined to interfere in the matter.
5. 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 :- 18.3.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad