Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 31811 (ALL)

SMT DHANDEI v. STATE OF U.P. AND 5 OTHERS

WRIC/8516/2025 · 2025-03-23

Manish Kumar Nigam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:42551 Court No. - 35 Case :- WRIT - C No. - 8516 of 2025 Petitioner :- Smt Dhandei Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ravindra Kumar Yadav Counsel for Respondent :- Bhupendra Kumar Tripathi,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) Issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 to complied the order dated 30.12.2022 passed by the respondent no.2, in partition suit No.2420 of 2017/computerized case No.T2017143658042420 (Smt. Dhandei vs. State of U.P. and others) pending before the respondent No.2 in respect of partition in Araji No.17/0.125 Hectare, 18/0.287 Hectare and 62/0.065 Hectare situated in Village Sirkoni, Pargana Bayalsi, Tehsil Sadar, District Jaunpur. ii) Issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 to decide the representation dated 30.09.2024 of the petitioner in respect of compliance of the order dated 30.12.2022 passed by the respondent no.2 in partition suit No.2420 of 2017/computerized case No.T2017143658042420 (Smt. Dhandei vs. State of U.P. and others) pending before the respondent no.2 in respect of partition in Araji No.17/0.125 Hectare, 18/0.287 Hectare and 62/0.065 Hectare situated in Village Sirkoni, Pargana Bayalsi, Tehsil Sadar, District Jaunpur, pending before the respondent no.2. 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 petitioner to pursue the remedy as available to him under the U.P. Revenue Court Manual. Order Date :- 24.3.2025 Priya (Manish Kumar Nigam, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad