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2025 DAILYLAW 61499 (ALL)

RANJAN NATH SRIVASTAVA v. STATE OF UP AND 18 OTHERS

WRIC/16586/2025 · 2025-05-21

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87074 Court No. - 35 Case :- WRIT - C No. - 16586 of 2025 Petitioner :- Ranjan Nath Srivastava Respondent :- State Of Up And 18 Others Counsel for Petitioner :- Antima Rajbhar,Hari Prakash Tiwari 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: "a) Issue a writ, order or direction in nature of MANDAMUS directing the respondents to comply the order dated 22.12.2017 and 07.01.2025 passed by respondent no.3 and 4 to dispossess the respondent no.5 to 19 upon the public utility land encroached by them bearing Arazi No. 84 Min, area 0.5550 hectare Situated at Mauja Vikrampur, Tehsil-Bansdech, District-Ballia and Arazi No. 162, area 0.1210 hectare situated at Mauja Gangapur, Tehsil-Bansdech, District- Ballia. b) Issue a writ, order or direction in nature of MANDAMUS direct the respondent no.2 to decide the representation of the petitioner dated 04.03.2025 within stipulated period as fixed by this Hon'ble Court." 3. Contention of the learned counsel for the petitioner is that though the orders have been passed referred above under Section 67 for eviction of respondent nos.5 to 19 but the same are not being complied with and 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 :- 22.5.2025 Priya (Manish Kumar Nigam, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad