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Neutral Citation No. - 2025:AHC:40329 Court No. - 35 Case :- WRIT - C No. - 8074 of 2025 Petitioner :- Ram Briksh Yadav Respondent :- State of U.P. and Another Counsel for Petitioner :- Ashutosh Kumar Singh,Ganesh Vikram Singh 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:
"i. Issue a writ, order or direction in the nature of mandamus directing to respondent no. 2 the Sub Divisional Officer, Kasimabad, District Ghazipur to decide the application dated 28.12.2024 and restore Proper boundary marks accordance with law of disputed plot No. 228 area 0.046, plot No. 180 area 0.023, hectare with police force within stipulated time. ii. Issue a writ, order or direction in the nature of Mandamus directing the Respondent No. 2 to restore Proper boundary marks accordance with the order dated 03.10.2023 in Case No. 4471/2022, Computer Case No. T202214291104471 (Ram Briksh Vs. State), within a stipulated time."
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 :- 20.3.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad