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2025 DAILYLAW 49838 (ALL)

UDAL KUMAR YADAV v. STATE OF U.P. AND 8 OTHERS

WRIC/13263/2025 · 2025-05-06

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73080 Court No. - 35 Case :- WRIT - C No. - 13263 of 2025 Petitioner :- Udal Kumar Yadav Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Santosh Kumar Yadav Counsel for Respondent :- Azad Rai,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 directing the respondent authorities to evict the encroachers/respondent no. 5 to 9 from disputed land i.e. Gata (Nali) No. 287(m)/0.0024 hectare situated at revenue village Abdullapur, Tehsil- Soraon, District-Prayagraj by constituting a team as provided in report dated 19-07- 2024 in pursuance of the order dated order dated 03-02-2024 passed by respondent no. 3 under section 67 of U.P. Revenue Code." 3. Preliminary objection has been raised by learned Standing Counsel that in the garb of this writ petition, the petitioner wants to get the order passed in proceedings under Section 67 of the U.P. Revenue Code, 2006, implemented. 4. Learned Standing Counsel has 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 petitioners to pursue the remedy as available to them under the U.P. Revenue Court Manual. Order Date :- 7.5.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad