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Neutral Citation No. - 2025:AHC:85455 Court No. - 35 Case :- WRIT - C No. - 16148 of 2025 Petitioner :- Ashok Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rabindra Bahadur Singh Counsel for Respondent :- 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 commanding the respondents may be compliance the order dated 12.12.2022 passed by respondent no.2 in Case No.RST/03514/2018, under Section 229(B) U.P.Z.A.L.R.Act, 1950 in revenue record pending since long time in the interest of justice."
3. Contention of learned counsel for the petitioner is that despite the order dated 12.12.2022 has been passed in favour of the petitioner, the same has not been 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 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 petitioners to pursue the remedy as available to them. Order Date :- 20.5.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad