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Neutral Citation No. - 2025:AHC:84762 Court No. - 35 Case :- WRIT - C No. - 16063 of 2025 Petitioner :- Dhananjay Singh Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Kaushlendra 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 and directing the respondents authority to comply the order dated 03.01.2025 passed by the respondent No. 3 in Case No. 284 0 2012-2013 (Computerized Case No. T201314364605) under section 122B U.P.Z.A. & L.R. Act, 1950 (Report Lekhpal Vs. Mukhtar Ali) regarding the vacating the Araji No. 586 having an area 0.202 Hectare out of 0.002 hectare situated at Gaura, Pargana Saremu, Tehsil Sadar, District Jaunpur. ii- Issue a writ, order or direction in the nature of MANDAMUS commanding and directing the respondent No. 2 to decide the petitioner's representation dated 24.03.2025."
3. Contention of learned counsel for the petitioners is that an order under Section 122B of U.P.Z.A. & L.R. Act 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 petitioners to pursue the remedy as available to them under the U.P. Revenue Court Manual.
Order Date :- 20.5.2025 Priya (Manish Kumar Nigam, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad