Dan Bahadur Yadav v. Shri Deepanakar Tehsildar Tehsil Rudauli

Considering that there is a specific provisions for execution of decree and orders, the petition is disposed of permitting the petitioner to take steps for execution as prescribed under para 460 of the U.P. Revenue Code Manual, which shall be decided in accordance with law. "

2. According to the applicant, a complaint has been made before the opposite party on 4.1.2025 alleging therein that certain persons have encroached upon the pasture land, which is liable to be got vacated under Section 67-A of the U.P. Revenue Code, 2006.

3. The order of the writ Court takes note of the prayer made in the petition and thereafter an observation is made that the execution of decree can be in accordance with Para 460 of the U.P. Revenue Court Manual. Para 460 of the U.P. Revenue Court Manual reads 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." The U.P. Revenue Court Manual appears to be a compilation of various Government Orders for enforcing the provisions of the U.P. Land Revenue Act, 1901.

4. In the facts of the present case, there is no decree passed by any competent court of which execution would be required under Para 460 of the U.P. Revenue Court Manual. What is alleged by the applicant is that the opposite party has encroached upon the land, which is a pasture land.

5. If that be so, it would at best give rise to initiation of proceedings under Section 67 of the U.P. Revenue Code and such proceedings would have to be dealt with in accordance with the procedure laid down under Rule 67 of the U.P. Revenue Code Rules, 2016. There is nothing on record to show that any such proceeding has been initiated or a decree referable to such provision has been passed by any competent court. In the absence of any decree passed, it cannot be said that opposite party has deliberately and intentionally violated the order of this Court passed in PIL No.938 of 2024. In the absence of there being any decree the filing of execution itself is misconceived. Remedy of the applicant would be to institute appropriate proceedings under Section 67 of the U.P. Revenue Code, 2006 read with Rule 67 of the U.P. Revenue Code Rules, 2016. It goes without saying that if such proceeding is instituted, the same shall be dealt with, in accordance with law.