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2025 DAILYLAW 39151 (ALL)

NAGINA LAL v. STATE OF U.P. AND 5 OTHERS

WRIC/11277/2025 · 2025-04-22

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61076 Court No. - 35 Case :- WRIT - C No. - 11277 of 2025 Petitioner :- Nagina Lal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ganesh Mani Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned Standing Counsel for the State-respondents 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.3 & 4 not to interfere /removed public rasta and strictly comply the order dated 05.12.2023 passed by respondent No.2 in Case No. 3744/2021, (Pranpati Vs. Gaons Sabha) in Restoration Case No.5382/2021 (Nagina Lal Vs. Gaon Sabha) respondent no.5 to consider and decide the application dated 29.07.2024 moved by petitioner pending before him. ii). a writ order or direction in the nature of Mandamus directing the respondent No.4 not to remove the public rasta and comply the order dated 05.12.2023 passed by respondent no.2. iii). a writ order or direction in the nature of Mandamus directing the respondent no.2 to consider and decide the application dated 29.07.2024 moved by petitioner pending before him." 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 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 law. Order Date :- 23.4.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad