Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:62792 Court No. - 35 Case :- WRIT - C No. - 10016 of 2025 Petitioner :- Patiraj Prasad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Manoj Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the records. 2. This writ petition has been filed for the following reliefs:
"i) Issue a writ order or direction in the nature of mandamus directing the concern respondent no-3. complet the demarcation proceeding of the arazi 1785 area 0.065 hectare situated Gram Pure Pargana Kaswar Raja, Tehsil Rajatalab District Varanasi and provide the possession to the petitioner of the 1/2 share over the said arazi in pursuance of the order dated 13.3.2018 by him. ii) Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the Case."
3. Contention of learned counsel for the petitioner is that a decree has been passed under Section 116 of the U.P. Revenue Code, 2006, which has been affirmed in appeal. A writ petition is pending against the orders passed under Section 116 of the U.P. Revenue Code, 2006 but no interim order has been granted. The order passed under Section 116 of the U.P. Revenue Code, 2006 has not been implemented on the ground of pendency of writ petition. 4. Learned Standing Counsel has submitted that the orders passed under Section 116 of the U.P. Revenue Code, 2006 are executable since the provisions of C.P.C. are applicable to proceedings under Section 116 of the U.P. Revenue Code, 2006. It has been further submitted that in view of the judgment of Division Bench of this Court in case of Manbhavati Vs. 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 the Revenue Court. It has been further contended 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."
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 law. Order Date :- 24.4.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad