PIL seeking direction to respondents to comply with orders dated 23.12.2023 and 26.02.2024 passed under Section 67 of the U.P. Revenue Code, 2006. Court noted para 460 of U.P. Revenue Court Manual provides for execution of such orders and directed petitioner to file an application under that paragraph.
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Neutral Citation No. - 2024:AHC:119651
Court No. - 50
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1242 of 2024 Petitioner :- Vivek Kumar Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Dheeraj Kumar Maurya,Narendra Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ashutosh Srivastava,J.
"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/Tehsildar 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."
requiring the petitioner to file an application invoking para 460 of the Revenue Court Manual within one week from today. In the eventuality of such an application being filed, it is expected that the respondent no. 4 shall look into the application and pass appropriate orders thereon in accordance with law within next three weeks.
Order Date :- 26.7.2024 Deepak/
Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether a writ of mandamus can be issued to enforce execution of orders passed under Section 67 of the U.P. Revenue Code, or whether execution must proceed under para 460 of the Revenue Court Manual?
Colour shows how this judgement treated each authority
Manbhavati vs. State of U.P. and othersRelied on
2020 1 AWC 789A
Brij Bhushan Rai v. State of U.P. and 6 othersRelied on
Writ C No. 7863 of 2018
1 provisions across 1 enactments
Vivek Kumar
State Of U.P.
Ashutosh Srivastava
As recorded by the court registry
2 orders share this CNR
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