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2025 DAILYLAW 31589 (ALL)

ASHWANI KUMAR AND 4 OTHERS v. STATE OF U.P. AND 5 OTHERS

WRIC/8311/2025 · 2025-03-20

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41502 Court No. - 35 Case :- WRIT - C No. - 8311 of 2025 Petitioner :- Ashwani Kumar And 4 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Prem Sagar Verma,Rahul Kumar Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The present petition has been filed with the following prayer: "i) To issue a writ, order or direction in the nature of Mandamus directing the respondent No.4 to forthwith trace the allotment file and resolution of the Land Management Committee dated 07.12.2006 and report of the Tehsil dated 29.09.2007 relating to Gram Panchayat Dorsa Mohammadpur, Tehsil Sadar, District Mathura and to take decision thereon as expeditiously as possible preferable within the time stipulated by this Hon'ble Court." 3. Contention of the learned counsel for the petitioner is that a resolution was passed by the Land Management Committee on 07.12.2006 for allotment of land to the petitioners. The respondent no. 4 vide its order dated 21.05.2008 illegally rejected the resolution and directed for fresh allotment. The order dated 21.05.2008 was challenged by the petitioners by filing a revision before the Commissioner being Revision No. 14 of 2008 (Prem Chand and others v. Manoj Kumar and others). The aforesaid revision was allowed by order dated 10.03.2014 and the order dated 21.05.2008 passed by respondent no. 4 was set-aside. Against the order dated 10.03.2014, a revision being Revision No. 853 of 2015 was filed before the Board of Revenue and the same was dismissed by order dated 16.11.2016. It has been further contended by learned counsel for the petitioner that the order dated 21.05.2008, rejecting the resolution of Gaon Sabha was set aside by the revisional court by its order dated 10.03.2014 and therefore, the allotment proceedings should be completed and a direction be issued to respondents to pass fresh orders. 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 :- 21.3.2025 Priya (Manish Kumar Nigam,J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad