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2025 DAILYLAW 40641 (ALL)

JAITURAM v. STATE OF U.P. AND ANOTHER

WRIC/10886/2025 · 2025-04-14

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:54807 Court No. - 35 Case :- WRIT - C No. - 10886 of 2025 Petitioner :- Jaituram Respondent :- State of U.P. and Another Counsel for Petitioner :- Ram Ashish Yadav Counsel for Respondent :- 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 and directing the concern Sub Divisional Magistrate, Tehsil Shahganj, District Jaunpur i.e. respondent no.2 to comply its order dated 07.01.2025 passed in Case No. 2205 of 2022 Computerized Case No. T202214360102205 (Jaituram & Others Vs. Ramsingar & Others) U/S 134 of U.P. Revenue Code, 2006 and it is prayed to this Hon'ble Court to further direct to the concern respondent no.2 to decide the representation expeditiously dated 10.02.2025, within time stipulated by this Hon'ble Court." 3. Contention of learned counsel for the petitioners is that an order dated 7.1.2025 has been passed by respondent No.2 but the same has not been given effect to. 4. Learned Standing Counsel has raised a preliminary objection that order passed under Section 134 of the U.P. Revenue Code, 2006 is an executable order as the provisions of C.P.C. will apply to the proceedings under Section 134 of the U.P. Revenue Code, 2006. It has been further submitted 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." 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. Order Date :- 15.4.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad