Aftab vs State Of U.P. And 3 Others
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Allahabad High Court

Aftab vs State Of U.P. And 3 Others on 27 March, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:43992
 
Court No. - 35
 

 
Case :- WRIT - C No. - 7333 of 2025
 

 
Petitioner :- Aftab
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Firdos Ahmad
 
Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. Heard learned Standing Counsel for the State-respondents and perused the averments made in the writ petition.

2. This petition has been filed for the following relief:

"(a). issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.3 to mention/added the name of petitioner in revenue record of Khata No.56 of Gata No.303, 1559, 2064 situated at Village Bamhar, Pargana-Mohammdabad, Tehsil- Sadar, District Azamgarh in pursuance of order dated 12.02.2024 passed by respondent no.2 in Case No.1857 of 2024 (Aftab Vs. State), Under Section 38(1) of U.P. Revenue Code, 2006.

(b). issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authority to consider and decide the application dated 06.03.2025 within stipulated period as fixed by this Hon'ble Court."

3. Learned Standing Counsel has submitted 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."

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 petitioner to pursue the remedy as available to him under the U.P. Revenue Court Manual.

Order Date :- 27.3.2025

S. Singh

(Manish Kumar Nigam,J.)