Neutral Citation No. - 2025:AHC:80852 Court No. - 34 Case :- WRIT - C No. - 12167 of 2025 Petitioner :- Krishna Kant Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arun Prakash Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Shri Arun Prakash, learned counsel for the petitioner and Shri Nand Lal Maurya, learned Standing Counsel representing the State-respondent Nos. 1 to 3.. 2. By means of present writ petition, the petitioner has prayed for following reliefs:- "i. to issue a writ, order or direction, in the nature of mandamus, directing the respondents no. 2 & 3 to dispossess the respondent no. 4 from the Chak Marg No. 181 area 0.610 Hec. situated at Village Arya, Tehsil Sadar, District Azamgarh. ii. to issue a writ, order or direction, in the nature of mandamus, directing the respondents to decide the representation dated 02.09.2024 (Annexure No. 7), filed by the petitioner. 3. The contention of the learned counsel for the petitioner is that despite the order passed by the Tehsildar (Judicial), Tehsil Sadar, District Azamgarh on 02.01.2023 holding encroachment by the respondent no. 4 over the Chakmarg having Arazi No. 181 area 0.610 hectare and directed for eviction of the respondent no. 4 from the Arazi No. 181. The authorities till date have not acted upon the aforesaid order. He further submits that even the restoration case filed by the respondent no. 4 against the aforesaid order 02.01.2023 has also been dismissed on 10.07.2024. 4. Learned Standing Counsel appearing on behalf of the State- respondents has raised preliminary objection regarding the entertainability of the present writ petition in view of availability of statutory remedy to the petitioner under Clause 460 of the U.P. Revenue Court Manual. He submits that the petitioner has an efficacious remedy available under Clause 460 of the U.P. Revenue Court Manual. For ready reference, Clause 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. Learned counsel appearing on behalf of the petitioner could not dispute the aforesaid legal provision regarding the availability of remedy under Clause 460 of the U.P. Revenue Court Manual. 6. In view of the order proposed to be passed, the issuance of notice to the private respondents No. 4 is dispensed with. 7. In view of the aforesaid, the present writ petition is disposed of with a liberty to the petitioner to pursue the remedy as provided under Clause 460 of the U.P. Revenue Court Manual. 8. It is provided that in case the petitioner prefers an appropriate application in accordance with the provisions of Clause 460 of the U.P. Revenue Court Manual before the Tehsildar Sadar, District Azamgarh concerned within a period of two weeks from today, the same shall be considered by the concerned authority who shall pass appropriate order in accordance with law as expeditiously as possible, preferably within a period of three months from the date of filing of the application as aforesaid. Order Date :- 15.5.2025 Arif Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad