SHARMA DHAR AND 3 OTHERS v. STATE OF U.P. AND 4 OTHERS
WRIC/8514/2025 · 2025-03-23
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32613 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32613 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:42536 Court No. - 35 Case :- WRIT - C No. - 8514 of 2025 Petitioner :- Sharma Dhar And 3 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Amit Kumar Singh,Dharmendra Kumar Counsel for Respondent :- 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 to authority concerned respondent no.4 and 5 for complying the order of the consolidation authority as well as revenue authority and correct the entry of the revenue record of gata no.336 area 020 decimal (new number 215/2/0.20 decimal) relating to village Damvatiya, Tappa- Sari, Pargana- Sidhuwa Jobna, Tehsil- Padrauna, District- Kushinagar on the basis of settlement decree dated 18.12.2005 issued by the Judicial Magistrate Kasya in Case No.800/85 (Triloki vs. Satya Narayan) as well as the order 30.06.1981 passed by Assistant Director, Consolidation District- Deoria (now at present Kushinagar) and order dated 30.07.1992 passed by respondent no.4/Sub- Divisional Magistrate, Tehsil- Padrauna, District-Kushinagar."
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 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