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2025 DAILYLAW 54588 (ALL)

AKHILESH YADAV v. STATE OF U.P. AND 4 OTHERS

WRIC/14312/2025 · 2025-05-19

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84293 Court No. - 35 Case :- WRIT - C No. - 14312 of 2025 Petitioner :- Akhilesh Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Abhishek Dwivedi,Anurag Kumar Ojha Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record. 2. This petition has been filed for the following relief: "(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to remove the illegal encroachment of respondent No.5 from Gata No.85 area 0.023 hectare situate at Mauza Fatehpur Taiyab, Pargana and Tehsil Saidpur, District Ghazipur within a period of time stipulated by this Hon'ble Court. (ii) . Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to consider and decide the representation dated 07.03.2025 in accordance with law within a period of time specified by this hon'ble Court." 3. Contention of learned counsel for the petitioner is that an order under Section 67 of the U.P. Revenue Code, 2006 has been passed against the respondents but the same is not being implemented. 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 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 him under the U.P. Revenue Court Manual. Order Date :- 20.5.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad