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Neutral Citation No. - 2025:AHC:12033 Court No. - 34 Case :- WRIT - C No. - 32563 of 2024 Petitioner :- Smt Jay Devi Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Durga Kumari,Rajesh Kumar Nishad Counsel for Respondent :- C.S.C.,Sant Ram Sharma Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
2. In view of the order proposed to be passed, the issuance of notice to the private respondents is dispensed with.
3. It is the case of the petitioners that direction may be issued to respondent Nos. 3 and 4 to comply with the order dated 13.01.2023 passed by the respondent no. 3 in Case No. 60 of 2021 (Computerized Case No. T202107320200060 (Smt. Jay Devi and others versus Smt. Kranti Devi and others) under Section 24 U.P. Revenue Code, 2006.
4. Learned Standing Counsel has raised a preliminary objection 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. Counsel for the petitioner further submitted that they will file a fresh application in accordance with the Rules for redressal of her grievance.
6. Accordingly, the writ petition is disposed of with liberty to the petitioner to file a fresh application in accordance with the Rules within two weeks from the date of production of certified copy of this order. Thereafter, the Sub-Divisional Magistrate,Rath, Hamirpur will decide the application within three months after affording opportunity to the aggrieved parties without prejudice to their rights.
Order Date :- 23.1.2025 SY Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad