Allahabad High Court
Smt Asha Singh And 2 Others vs State Of U.P. And 3 Others on 8 May, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:74435 Court No. - 35 Case :- WRIT - C No. - 14471 of 2025 Petitioner :- Smt Asha Singh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Harendra Yadav Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla 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.3 (Sub Divisional Officer) to implement the order dated 18.04.1984 in Revenue Record in view of judgment and order dated 18.04.1984 passed by Sub Divisional Officer, Mohammadabad, District: Azamgarh (at present Tahsil: Sadar, District: Azamgarh) proceeding u/s 229B of UPZA and LR Act. in"
3. Contention of learned counsel for the petitioners is that a decree has been passed under Section 229B of the U.P.Z.A. & L.R. Act in their favour and the same has not been implemented.
4. Learned Standing Counsel has raised a preliminary objection that order passed under Section 229B of the U.P.Z.A. & L.R. Act is an executable order as the provisions of C.P.C. will apply to the proceedings under Section 229B of the U.P.Z.A. & L.R. Act. It has been further submitted by learned Standing Counsel 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 :- 8.5.2025 S. Singh (Manish Kumar Nigam, J.)