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2025 DAILYLAW 90740 (ALL)

RAM JI SINGH v. STATE OF U.P. AND 3 OTHERS

WRIC/28743/2024 · 2025-04-23

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:62642 Court No. - 34 Case :- WRIT - C No. - 28743 of 2024 Petitioner :- Ram Ji Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Girdhar Prasad Tripathi Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Shri Rajesh Kumar Tripathi, Advocate holding brief of Shri Girdhar Prasad Tripathi, learned counsel for the petitioner and Shri Nand Lal Maurya, learned Standing Counsel representing the State-respondent Nos. 1 & 2. 2. Notice on behalf of the Gaon Sabha has been accepted by Shri Rameshwar Prasad Shukla, learned counsel. 3. In view of the order proposed to be passed, the issuance of notice to the private respondents is dispensed with. 3. The contention of the learned counsel for the petitioner is that the order under Section 67 of the U.P. Revenue Code, 2006 against the respondent No.4 was passed on 15.04.2023, but till date the same has not been acted upon. 4. Learned counsel appearing on behalf of the State-respondents has raised preliminary objection regarding the entertainability of the present writ petition in view of availability of statutory remedy to the petitioner under Clause 460 of the U.P. Revenue Court Manual. He submits that the petitioner has an efficacious remedy available under Clause 460 of the U.P. Revenue Court Manual. For ready reference, Clause 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 aforesaid, the present writ petition is disposed of with a liberty to the petitioner to pursue the remedy as provided under Clause 460 of the U.P. Revenue Court Manual. Order Date :- 24.4.2025 Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad