Bhairav Prasad v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. and 5 Others

Court No. -3 Case :-WRIT -C No. -372 of 2023 Petitioner :-Bhairav Prasad Respondent :-State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 5 Others Counsel for Petitioner :-Rahul Srivastava Counsel for Respondent :-C.S.C.,Pankaj Gupta Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J. Heard learned counsel for the parties. Present petition has been preferred by the petitioner for the following main relief: "i. Issuing a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite parties to comply and execute the order dated-18.07.2022 passed by Sub Divisional Magistrate Nanpara in case no.RST/4320/2017 Bhairav Prasad versus Gaon Sabha Under Section 24 U.P. Land Revenue Code 2006 contained as Annexure No.1 and demarcate the Gata no.905 area 0.4690 hectare situated at Village-Bhopatpur Belva Pargana-Nanpara, Tehsil-Nanpara District-Bahraich and further direct the opposite parties to take legal action against the opposite parties to this petition." 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 Officers, Assistant Collectors, Settlement Officers, Assistant Settlement Officers, Record Officers, Assistant Record Officers, Tahsildar, Tahsildars (Judicial) and Naib-Tahsildars;" The question is as to whether a writ petition would be maintainable for the execution of an order passed by the revenue court. Learned Standing Counsel appearing for the State has pointed out that there is a complete mechanism for the execution of the orders passed by the revenue courts under Section 214 of U.P. Revenue Code, 2006 read with para 460 of U.P. Revenue Court Manual. The respective provisions are extracted hereunder:-

¶214Applicability 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.

¶460Execution 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. In the case of Ajab Lal vs. Rakesh Kumar Mishra & Ors. reported in 2007 Alld. pg 158, the position as regards execution of orders passed by the Revenue courts was dealt with and it was held that the revenue courts itself are possessed with such a jurisdiction. On the same very analogy, we permit the petitioner to institute an appropriate proceeding before the opposite party no.2 or the appropriate authority along with certified copy of this order and in case any such proceedings are instituted, the competent court shall proceed in accordance with law and finalize the execution proceedings within a period of three months from the date of receipt/production of certified copy of this order, provided there is no legal impediment. The writ petition is accordingly disposed of. [Manish Kumar,J.] [Vivek Chaudhary,J.] Order Date :- 28.10.2023 Sachin High Court of Judicature at Allahabad, Lucknow Bench