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2025 DAILYLAW 59887 (ALL)

DEVI PRASAD v. STATE OF U.P. AND 5 OTHERS

WRIC/15884/2025 · 2025-05-18

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83021 Court No. - 35 Case :- WRIT - C No. - 15884 of 2025 Petitioner :- Devi Prasad Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dhanraj Singh Yadav 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: "I. Issue a writ, order, or direction in the nature of mandamus commanding direct the Respondent authorities District Fatehpur to provide the possession to the petitioner in the said land according to the Demarcation (Seemaankan) Report dated 14.10.2020 submitted by the Revenue Inspector and also incompliance of the Order dated 17.12.2024 passed by Respondent no. 3 (Sub Divisional Magistrate, Tehsil Sadar, District Fatehpur) in Case no. 27431 of 2024 (Devi Prasad Versus Gram Sabha) in Under Section 24 of U.P. Revenue Code 2006 or as this Hon'ble Court deemed fit and proper for the end of justice. II. Issue a writ, order, or direction in the nature of mandamus commanding direct the respondent authorities to decide the representation of the petitioner accordance with law within a stipulated period which being fixed by this Hon'ble Court." 3. Contention of learned counsel for the petitioner is that an order dated 17.12.2024 has been passed by the respondent No. 3, 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 law. Order Date :- 19.5.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad