K.P. SINGHversusSTATE OF U.P. AND 7 OTHERS

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                         WRIT - C No. - 18003 of 2026

K.P. Singh
                                                                  .....Petitioner(s)
                                      Versus

State Of U.P. And 7 Others
                                                                .....Respondent(s)

Counsel for Petitioner(s)           : Chandan Sharma, Pritika Tiwari
Counsel for Respondent(s)           : Avinash Chandra Srivastava, C.S.C.

Court No. - 36
                 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:

     "Issue a writ, order or direction in the nature of mandamus commanding
     upon the respondents to execute the order dated 18.06.2024 passed by the
     Tehsildar, Tehsil Sadar, District Firozabad in Case No.799/2024
     (Computerized Case No.T202401260100799) (Gaon Sabha Narkhi
     Talluka Vs. Sanju & others) U/s 67 of U.P. Revenue Code, 2006 whereby
     order of eviction and penalty has been imposed against the respondent
     nos.6 to 8 which has been confirmed by the Collector/District Magistrate,
     Firozabad vide its order dated 14.05.2025 passed In Appeal No.459/2025
     (Computerized Case No.D202501260000459) (Sanju & others Vs. State
     of U.P. & others) U/s 67(5) of U.P. Revenue Code, 2006."

3. Contention of learned counsel for the petitioners is that an order dated
18.06.2024 has been passed 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
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                                    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 the U.P. Revenue Court
                                    Manual.


                                                                                            (Manish Kumar Nigam,J.)
                                    May 7, 2026
                                    Ved Prakash




Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad