Allahabad High Court

Krishna Chandra vs State Of U.P. And 4 Others on 1 April, 2025





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:44260
 
Court No. - 35
 

 
Case :- WRIT - C No. - 5675 of 2025
 

 
Petitioner :- Krishna Chandra
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Santosh Kumar Yadav
 
Counsel for Respondent :- Azad Rai,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:

"i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to deliver the possession over the demarcated (fixing stone land) Gata No. 346/0.052 hectare situated at revenue Village- Mohammadpur, Hathga, Pargana- Nawabganj, Tehsil- Soraon, District Prayagraj as provide under section 41(2)(a)(b) U.P. Land Revenue Act r/w section 24(2)(a)(b) of U.P. Revenue Code.

ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to decide the petitioner's representation dated 01-10-2024 within stipulated period"

3. Contention of learned counsel for the petitioner is that on 2.12.2005, an order has been passed by the respondent no.2 under Section 41 of the U.P. Land Revenue Act, 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 petitioner to pursue the remedy as available to him under the U.P. Revenue Court Manual.

Order Date :- 1.4.2025

S. Singh

(Manish Kumar Nigam, J.)