Anand Prakash Singh And 3 Others vs State Of U.P. And 2 Others
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Allahabad High Court

Anand Prakash Singh And 3 Others vs State Of U.P. And 2 Others on 25 March, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:43407
 
Court No. - 35
 

 
Case :- WRIT - C No. - 8647 of 2025
 

 
Petitioner :- Anand Prakash Singh And 3 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Bharat Singh Pal,Vinod Kumar Rai
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. Heard learned Standing Counsel for the State-respondents 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 to the respondent no. 2/ Tehsildar, Chunar, District Mirzapur to implement the orders dated 11.07.1988 and 14.02.2024 passed by respondent no.2 in Mutation Case No. 0112/827, computerized case no. T198616530400002 (Anand Prakash vs. Ramashankar) under Section 34 of U.P. Land Revenue Act for Amaldaramad and record the petitioners name in revenue record for the plots mentioned in the order dated 11.07.1988 and Khatauni of Village-Premapur, Village-Ramgarh Kalan and Village-Majahara Kalan, Pargana Kriyat, Tehsil Chunar, District Mirzapur.

3. Learned Standing Counsel 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. Learned Standing Counsel has further submitted 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."

4. In view of the same, I am not inclined to interfere in the matter.

5. 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.

Order Date :- 25.3.2025

Ved Prakash

(Manish Kumar Nigam,J.)