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Neutral Citation No. - 2025:AHC:42484 Court No. - 35 Case :- WRIT - C No. - 8411 of 2025 Petitioner :- Harendra Patel Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Hari Shankar Chaurasia Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed for the following relief:-
"a) To issue a writ order or direction in the nature of mandamus commanding and directing the Respondent no.2 i.e. Tehsildar Tehsil Shoharatgarh, District-Siddharthnagar to comply the order darted 30.03.2024 and 21.11.2022 of himself passed in case no. 3054/2022 and 3055/2022 and its computerized case no. T2022176305003054 and T202217630503055 (Gaon Sabha Vs Ram Jiyawan) and Gram Sabha Vs. Indrajeet passed under section 67 of U.P. Revenue Code 2006 instituted on complaint of the petitioner."
3. Contention of learned counsel for the petitioner is that the orders under Section 67 of U.P. Revenue Code, 2006 have been passed against respondent No. 5 but same have not been implemented.
4. Learned Standing Counsel raised a preliminary objection that the petitioner is not a party to the aforesaid proceedings and is only a complainant. It has been further submitted that that view of the
judgment of Division Bench of this Court in case of Manbhavati Vs. 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 the Revenue Court. It has been further contended by learned Standing Counsel that in view of provisions of paragraph No. 460 of the U.P. Revenue Court Manual, the petitioner has 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 :- 24.3.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad