The court considered whether a writ petition lies for executing an order of a revenue court. It noted the availability of specific remedies under the U.P. Revenue Code and Manual, rather than issuing a writ itself.
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Neutral Citation No. - 2024:AHC-LKO:37811
Court No. - 18
Case :- WRIT - C No. - 4398 of 2024
Petitioner :- Shashi Vikram Singh And Another Respondent :- District Magistrate, Sultanpur And Others Counsel for Petitioner :- Bhup Chandra Singh Counsel for Respondent :- C.S.C.
Hon'ble Manish Kumar,J.
By virtue of Section 4(16), U.P. Revenue Code,2006 is defined as under:-
"Revenue Court" means all or any of the following authorities (that is to say) the Board and all Members thereof, Commissioners, Additional Commissioners, Collectors, Additional Collectors, [Chief Revenue OfÏcers, Assistant Collectors, Settlement OfÏcers, Assistant Settlement OfÏcers, Record OfÏcers, Assistant Record OfÏcers, Tahsildar, Tahsildars (Judicial) and NaibTahsildars;]"
214. Applicability of Code of Civil Procedure, 1908 and Limitation Act,1963-
Unless otherwise expressly provided by or under this Code, the provisions of the Code of Civil Procedure, 1908 and the Limitation Act, 1963 shall apply to every suit, application or proceedings under this Code.
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.
Order Date :- 17.5.2024 DiVYa
Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether a writ petition is maintainable for the execution of an order passed by a revenue court.
Colour shows how this judgement treated each authority
Ajab Lal vs. Rakesh Kumar Mishra & Ors.Referred¶17
2007 Alld. pg 158
3 provisions across 2 enactments
Shashi Vikram Singh
District Magistrate, Sultanpur
Manish Kumar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
