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Neutral Citation No. - 2025:AHC:50237 Court No. - 35 Case :- WRIT - C No. - 10167 of 2025 Petitioner :- Sankatha Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Akhilendra Singh,Prabhat Kumar Singh 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. This writ petition has been filed for following relief-
"i-Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent No.2 (District Magistrate (Finance and Revenue) Jaunpur) to take appropriate steps with regard to correction of the Map and entry in revenue records in term of final decree drawn in the proceeding concluded u/s 176 of U.P.Z.A. and L.R. Act 1950 on 12-4-2016 in Case No. Case No.T20131436052754 (Badri Singh VS. Sankatha Singh) by issuing necessary Parwana in respect of property being Arazi No. 20, 291, 331 and 344 situated in village Amiliya Pargana and Tehsil Kerakat, District Jaunpur. ii- issue any other order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the present case."
3. From perusal of the writ petition it appears that an order dated 12.06.2016 has been passed under Section 176 of the U.P.Z.A. & L.R. Act, 1950, but the same has not been given effect to. 4. Learned Standing Counsel has raised a preliminary objection that the order passed under Section 176 of the U.P.Z.A. &L.R. Act, 1950, is executable as the provisions of C.P.C. are applicable to the proceedings under Section 176 of the U.P.Z.A. &L.R. Act,
1950. 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. Order Date :- 8.4.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad