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2025 DAILYLAW 39814 (ALL)

SMT. SITA DEVI AND ANOTHER v. STATE OF U.P. AND 5 OTHERS

WRIC/10639/2025 · 2025-04-09

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53678 Court No. - 35 Case :- WRIT - C No. - 10639 of 2025 Petitioner :- Smt. Sita Devi And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ashok Kumar Pandey Counsel for Respondent :- Azad Rai,C.S.C. 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: "Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to register the case under section 67 of the U.P. Revenue Code on the basis of application dated 29.11.2023 and decide the same on merit as per order of Sub Divisional Magistrate dated 04.12.2023 by which team of revenue officers has been constituted and same be decided with a time bound manner which to be fixed by this Hon'ble Court. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 respondent no.2 to conduct paimise of the land and separate the land of petitioners and Gram Sabha by fixing stone as per section 24 of the U.P. Land Revenue Code in pursuance of demarcation report dated 25.12.2020 passed under section 24 of the U.P. Revenue Code with a time bound manner which to be fixed by this Hon'ble Court." 3. Contention of learned counsel for the petitioners is that an order under Section 24 of the U.P. Revenue Code, 2006 has been passed in favour of the petitioners on 25.12.2020 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 petitioners 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 petitioners to pursue the remedy as available to them under the U.P. Revenue Court Manual. Order Date :- 10.4.2025/Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad