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2025 DAILYLAW 5698 (ALL)

NIHALA PRASAD SINGH AND 3 OTHERS v. STATE OF U.P. AND 12 OTHERS

WRIC/352/2025 · 2025-04-23

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:62830 Court No. - 35 Case :- WRIT - C No. - 352 of 2025 Petitioner :- Nihala Prasad Singh And 3 Others Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Ramji Singh Patel Counsel for Respondent :- Bhupendra Kumar Tripathi,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: "1) Issue a writ, order or direction in the nature of mandamus directing respondent no. 2- Up Ziladhikari, Pindara, District: Varanasi to forthwith complete the measurement under section 41 of U.P.L.R. Act, in pursuance of the order dated 20.12.2008 passed in Case No. 80 of 2008, Lal Bahadur Vs. State and others as well as order dated 30.04.2022 passed by respondent no. 2, with regard to the land of Arazi no. 924 area 0.097 hectare situated in Mauja Gangkalan, Pargana: Kolasala, Tehsil: Pindara, District: Varanasi and complete the embedding of stones." 3. Contention of learned counsel for the petitioners is that an order dated 20.12.2008 has been passed by the respondent No. 2, 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 law. Order Date :- 24.4.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad