KM. SHAHNAZ (UNMARRIED) v. STATE OF U.P. AND 3 OTHERS
WRIC/11235/2025 · 2025-04-22
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41569 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41569 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:60859 Court No. - 35 Case :- WRIT - C No. - 11235 of 2025 Petitioner :- Km. Shahnaz (Unmarried) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Haridwar Singh 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:
"1) issue a writ, order or direction in the nature of mandamus directing to the respondent Nos.3 and 4 to comply the order dated 25.10.2024 in Suit No.201250 of 2024 (Km. Shahnaj Vs. Smt. Rehana Begum and others) u/s 134 of the U.P. Revenue Code, 2006."
3. Contention of learned counsel for the petitioner is that an order dated 25.10.2024 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 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 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 petitioner to pursue the remedy as available to her under law.
Order Date :- 23.4.2025 S. Singh (Manish Kumar Nigam,J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad