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Neutral Citation No. - 2025:AHC:77702 Court No. - 35 Case :- WRIT - C No. - 13819 of 2025 Petitioner :- Shivshankar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Kamlesh Shrama Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla 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 directing the respondent no.2 to implementation of his own order 28.03.2018 dated in Case No. T201815510101123 (Shivshankar Vs. Ravindra and others) u/s 24 of U.P. Revenue Code 2006 and order dated 02.04.2025 passed by respondent no.2 on the application of petitioner. ii) Issue a writ order or direction in the nature of Mandamus directing the respondents to given possession to the petitioner upon his own land in pursuance of the order dated 28.03.2018 and 02.04.2025 passed by respondent no.2."
3. Contention of learned counsel for the petitioner is that a decree has been passed under Section 24 of the U.P. Revenue Code, 2006 in his favour and 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 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 petitioner to pursue the remedy as available to him.
Order Date :- 12.5.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad