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Neutral Citation No. - 2025:AHC:39546 Court No. - 35 Case :- WRIT - C No. - 7853 of 2025 Petitioner :- Premshankar Shukl Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma 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:
"A. Issue a writ, order or direction in the nature of Mandamus commanding and directing to Respondent No. 2 to carry out his order dated 12.06.2009, Under Section 41 of Land Revenue Act/Under Section 24 of U.P. Revenue Code 2006 regard to plot No. 164 area 0.0170 Hec. of Village Pachdevra, Pargana Arrail, Tehsil Karchana, District Prayagraj on spot forthwith."
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."
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 :- 19.3.2025/Ved Prakash Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad