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2025 DAILYLAW 60632 (ALL)

SMT. LALMATI v. STATE OF U.P. AND 3 OTHERS

WRIC/16058/2025 · 2025-05-26

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90686 Court No. - 35 Case :- WRIT - C No. - 16058 of 2025 Petitioner :- Smt. Lalmati Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Harendra 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: "Issue a writ, order or direction in the nature of mandamus commanding the respondent No.2 to provide possession to the petitioner over his share as per the orders dated 05.07.2019 and 23.07.2019 (contained as Annexure No. 01 to the writ petition). (b) Issue a writ, order or direction in the nature of mandamus commanding the respondent No. 2 to consider and decide the representation dated 20.08.2023 moved by the petitioner (Annexure No. 4 to the writ petition) within stipulated period, in accordance with law.." 3. Contention of learned counsel for the petitioner is that a decree has been passed under Section 229-B of the U.P.Z.A. & L.R. Act in her favour and the same has not been implemented. 4. Learned Standing Counsel has raised a preliminary objection that order passed under Section 229-B of the U.P.Z.A. & L.R. Act is an executable order as the provisions of C.P.C. will apply to the proceedings under Section 229-B of the U.P.Z.A. & L.R. Act. It has been further 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 petitioner to pursue the remedy as available to her. Order Date :- 27.5.2025/Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad