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2026 DAILYLAW 1396 (ALL)

K.P. SINGH v. STATE OF U.P. AND 7 OTHERS

WRIC/18003/2026 · 2026-05-06

Manish Kumar Nigam

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 18003 of 2026 Court No. - 36 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 upon the respondents to execute the order dated 18.06.2024 passed by the Tehsildar, Tehsil Sadar, District Firozabad in Case No.799/2024 (Computerized Case No.T202401260100799) (Gaon Sabha Narkhi Talluka Vs. Sanju & others) U/s 67 of U.P. Revenue Code, 2006 whereby order of eviction and penalty has been imposed against the respondent nos.6 to 8 which has been confirmed by the Collector/District Magistrate, Firozabad vide its order dated 14.05.2025 passed In Appeal No.459/2025 (Computerized Case No.D202501260000459) (Sanju & others Vs. State of U.P. & others) U/s 67(5) of U.P. Revenue Code, 2006." 3. Contention of learned counsel for the petitioners is that an order dated 18.06.2024 has been passed but the same has not been 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 Versus Counsel for Petitioner(s) : Chandan Sharma, Pritika Tiwari Counsel for Respondent(s) : Avinash Chandra Srivastava, C.S.C. K.P. Singh .....Petitioner(s) State Of U.P. And 7 Others .....Respondent(s) 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 the U.P. Revenue Court Manual. May 7, 2026 Ved Prakash WRIC No. 18003 of 2026 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad