RAKESH KUMAR SINGH AND ANOTHER v. STATE OF UP AND 4 OTHERS
WRIC/12901/2025 · 2025-04-28
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36458 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36458 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:66061 Court No. - 35 Case :- WRIT - C No. - 12901 of 2025 Petitioner :- Rakesh Kumar Singh And Another Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Birendra Singh Counsel for Respondent :- Achal Singh,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:
"a) Issue an direction appropriate order writ, nature the in of or Mandamus commanding & directing the respondent no.3 to decide the representation dated 05.11.2024 of the Petitioners as early as possible or within a timeframe, which this Hon'ble Court may deem fit and proper (Annexure No.7 to the writ petition).."
3. Contention of learned counsel for the petitioners is that an order has been passed under Section 115-D of the U.P.Z.A. & L.R. Act by the Tehsildar but the same is not being implemented. In this regard, the petitioners have already moved a representation on
5.11.2024.
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 them under law.
6. This order has been passed in presence of Sri S.K. Mishra, Advocate who has moved an impleadment application.
Order Date :- 29.4.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad