Ashish Kumar Dubey vs State Of Uttar Pradesh And 3 Other
2025 Latest Caselaw 165 ALL

Allahabad High Court

Ashish Kumar Dubey vs State Of Uttar Pradesh And 3 Other on 1 April, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:44328
 
Court No. - 35
 

 
Case :- WRIT - C No. - 9387 of 2025
 

 
Petitioner :- Ashish Kumar Dubey
 
Respondent :- State Of Uttar Pradesh And 3 Other
 
Counsel for Petitioner :- Man Mohan Mishra
 
Counsel for Respondent :- C.S.C.,Pradeep Singh
 

 
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-

"1. Issue writ, order or direction in the nature of mandamus commanding the respondent nos. 1 and 3 to remove the encroachment of Respondent No. 2 in the public utility land bearing Gata No.573 and 574 of the gram Sabha Ajaypur, Tehsil Bhadohi, District Bhadohi in the interest of public at large;"

3. Contention of learned counsel for the petitioner is that an order dated 15.05.2019 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 :- 1.4.2025

Nitika Sri.

(Manish Kumar Nigam,J.)