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Neutral Citation No. - 2025:AHC:80945 Court No. - 35 Case :- WRIT - C No. - 14626 of 2025 Petitioner :- Lalaman Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shreeprakash Singh 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. The instant writ petition has been filed for the following relief:
"(A). Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to demarcate the land in dispute and deliver the physical possession of Gata No.3039 area 0.2670 hectare situated in Village Oril, Pargana Mahul, Tehsil Phoolpur, District Azamgarh within a stipulated period to the petitioner in accordance with law; (B). Issue a writ, order or direction in the nature of Mandamus commanding the respondents to take necessary action against the erring respondent No.5, and interfere of delivery of possession of the land in dispute in accordance with law."
3. Contention of learned counsel for the petitioners is that an order dated 31.12.2010 has been passed in proceedings under Section 29/41 of the U.P. Land Revenue Act but 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 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 :- 16.5.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad