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2025 DAILYLAW 35532 (ALL)

RAMGIRI YADAV v. STATE OF U.P. AND 4 OTHERS

WRIC/9605/2025 · 2025-04-08

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51798 Court No. - 35 Case :- WRIT - C No. - 9605 of 2025 Petitioner :- Ramgiri Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prashant Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This petition has been filed for the following relief: "TO ISSUE a writ, order or direction in the nature of mandamus directing the Sub Divisional Magistrate, Nizamabad Azamgarh to decide the Representation dated 17.3.2025 of the Petitioner [filed as Annexure No.6 to this Writ Petition] pending before him and send Revenue Officers Team in presence of Police Force for evacuating the Chakmarg Gata No.343/0.1830 situated at Mauja Lahideeh, Post Tova, Tehsil Nizamabad, Police Station Phoolpur, District Azamgarh from the illegal possession of private Respondent No.5 as expeditiously as possible preferably within the time stipulated by this Hon'ble Court to meet the ends of justice;." 3. From the perusal of representation filed by the petitioner as annexure No.6, it is apparent that petitioner wants to get the orders passed by the Revenue Court executed. 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 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." 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 :- 9.4.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad