Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 6642 (ALL)

BHOLA v. STATE OF U.P. AND 7 OTHERS

WRIC/1758/2025 · 2025-02-19

Manish Kumar Nigam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:24698 Court No. - 34 Case :- WRIT - C No. - 1758 of 2025 Petitioner :- Bhola Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Ram Awtar Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed for following relief- "i) Issue a writ, order or direction in the nature of writ of mandamus commanding and directing the respondent no. 2 and 3 to comply the order dated 3.11.2023 passed by respondent no. 4, Tehsildar, Tehsil -Sadar, District Mau in case no. 00647 of 2020 (computer case no. T202015510100647) (Report Vs. Bhuwal) under proceeding 67 U.P. Revenue Code, 2006, case no. 00646 of 2020 (computer case no. T202015510100646) (Report Vs. Shambhu) under proceeding 67 U.P. Revenue Code, 2006 and case no. 00645 of 2020 (computer case no.T202015510100645) (Report Vs. Bheem) under proceeding 67 U.P. Revenue Code, 2006 by removing the encroachment over Arazi no. 426(2) Mi. area 0.2020 hectare recorded as "Reserve for Ambedkar Park" in revenue record encroached by Private respondents situated in village Mahuar Basgatiya Pargana Ghosi, Tehsil Maunath Bhanjan, District Mau." 3. Contention of learned counsel for the petitioner is that an order dated 03.11.2023 has been passed under Section 67 of the U.P. Revenue Code, 2006, but the same has not been given effect to. 4. Learned Standing Counsel has raised a preliminary objection that view of the judgment of Division Bench of this Court in case of Manbhavati Vs. 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 the Revenue Court. It has been further contended 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 him under the U.P. Revenue Court Manual. Order Date :- 20.2.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad