Nisha Devi And 3 Others vs State Of U.P. And 3 Others
2025 Latest Caselaw 9735 ALL

Allahabad High Court

Nisha Devi And 3 Others vs State Of U.P. And 3 Others on 25 April, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:63444
 
Court No. - 35
 

 
Case :- WRIT - C No. - 11676 of 2025
 

 
Petitioner :- Nisha Devi And 3 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Santosh Kumar Tiwari
 
Counsel for Respondent :- C.S.C.
 

 
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:

"(a) issue a writ, order or direction, in the nature of mandamus directing the respondents no.2 and 3 to compliance the order dated 23.6.2018 (Annexure No.4) in Case No. 03216/2018, Computer Case No. D201814700003216 (Nisha Devi Vs. State of U.P.) U/s 24 of U.P. Revenue Code in pursuance of Plot No. 152, 151, 148 situated in village Girdharpur, Pargana Katehar, Tehsil Sadar, District Varanasi within some stipulated period."

3. Contention of learned counsel for the petitioners is that an order dated 23.6.2018 has been passed by the respondent No. 2, 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 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 law.

Order Date :- 25.4.2025

S. Singh

(Manish Kumar Nigam, J.)