RAMMURAT PATHAK (DECEASED) AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIC/10863/2025 · 2025-05-12
Manish Kumar Nigam
body2025
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[ 2025 DAILYLAW 40212 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 40212 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:78320 Court No. - 35 Case :- WRIT - C No. - 10863 of 2025 Petitioner :- Rammurat Pathak (Deceased) And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajeet Kumar Shukla,Sarvesh Kant Shukla 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 petition has been filed for the following relief:
"i) Issue a writ, order or direction in the nature of mandamus directing to respondent no. 2/Sub Divisional Officer, Chakiya, District Chandauli to implement own order dated 02.03.2024 in Case No. 02053/2020 Computerized Case No. T202014180202053 (Rammurat VS. Ramakant) under section 41, U.P. Land Reform Act, 1901 for Gata No. 35, 113 and 37/482 situated in Village Utraunth Dadwal Pargana Kera Magraur, Tehsil Chakiya, District Chandauli."
3. Contention of learned counsel for the petitioners is that an order dated 2.3.2024 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 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 law.
Order Date :- 13.5.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad