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2025 DAILYLAW 38487 (ALL)

PHULMATEE v. STATE OF U.P. AND 3 OTHER

WRIC/10120/2025 · 2025-04-07

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50447 Court No. - 35 Case :- WRIT - C No. - 10120 of 2025 Petitioner :- Phulmatee Respondent :- State Of U.P. And 3 Other Counsel for Petitioner :- Krishnakant Verun Kumar,Suneel Kumar Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla 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: "I- Issue a writ order or direction in the nature of mandamus directing the respondent no. 2 and 3 to decide order reference No. 20019124018574 dated 04- 10-2024. II- Issue a writ order or direction in the nature of mandamus directing the respondent no. 2 to mutate the name of the petitioner in Azari No. 2616/1-000 and 2607/2919 situated at Village Khanjahanpur, Tehsil- Phoolpur, District- Azamgarh in compliance of the order dated Judgment and order dated 22-08- 2024 passed by Additional Session Judge Court No. 1, Azamgarh in Civil Appeal No. 20/2020 (Phulmatee and another Vs. State of U.P. and others), within stipulated period of time as fixed by this Hon'ble Court." 3. Contention of learned counsel for the petitioner is that an order dated 22.08.2024 has been passed by the Additional Session Judge Court No. 1, Azamgarh, but the same has not been given effect to. 4. Learned Standing Counsel has raised a preliminary objection that the present writ petition as framed, is not maintainable as jurisdiction of the writ court cannot be invoked for execution of order passed by the civil court. In case, the order passed by the civil court is not incorporated in the revenue record, the petitioner will have remedy of filing an appropriate application under the provisions of the U.P. Revenue Code, 2006 for incorporating the aforesaid order. 5. In view of the same, I am not inclined to interfere in the matter. 6. The writ petition stands disposed of with liberty to petitioner to move an appropriate application for redressal of his grievance under the provisions of U.P. Revenue Code, 2006. Order Date :- 8.4.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad