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Neutral Citation No. - 2025:AHC:54403 Court No. - 35 Case :- WRIT - C No. - 10971 of 2025 Petitioner :- Salauddin Respondent :- State Of U.P. And 19 Others Counsel for Petitioner :- Shriprakash Shrivastava Counsel for Respondent :- C.S.C.,Sudhir Bharti 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 suitable writ, order or direction in the nature of mandamus commanding and directing to the respondent Nos. 2 and 3 to do the demarcation and deliver the possession of the aforesaid plot as well as compliance the order dated 9.01.2025 passed by respondent No. 2 bearing Case No. 561 of 2025, Computer Case No. T202505440300561 (Salauddin Vs. Gaon Sabha and others) under Section 24 of U.P. Revenue Code, 2006 for demarcation/paimaish regarding Arazi No. 915 area 0.121 hectare within stipulated period of time in that regard."
3. Contention of learned counsel for the petitioner is that an order dated 09.01.2025 has been passed by the respondent No. 2, but the same has not been given effect to.
4. 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 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."
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 U.P. Revenue Court Manual.
Order Date :- 15.4.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad