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Neutral Citation No. - 2025:AHC:82199 Court No. - 35 Case :- WRIT - C No. - 15588 of 2025 Petitioner :- Makhaduram Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ajay Singh 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:
"Issue a writ order or direction in the nature of mandamus commanding the respondent to fix the stone in accordance with field book dated 07-12-2017 in compliance of order dated 26-02-2018 within a short and stipulated period which is fixed by this Hon'ble court."
3. Contention of learned counsel for the petitioner is that an order dated 26.02.2018 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 petitioner to pursue the remedy as available to him under the U.P. Revenue Court Manual.
Order Date :- 17.5.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad