Amarnath vs State Of U P And 8 Others
2019 Latest Caselaw 5060 ALL

Citation : 2019 Latest Caselaw 5060 ALL
Judgement Date : 27 May, 2019

Allahabad High Court

Amarnath vs State Of U P And 8 Others on 27 May, 2019

Bench: Anjani Kumar Mishra




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- WRIT - C No. - 18134 of 2019
 
Petitioner :- Amarnath
 
Respondent :- State Of U P And 8 Others
 
Counsel for Petitioner :- Ram Jeet Mishra
 
Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
 

 
Hon'ble Anjani Kumar Mishra,J.

Heard learned counsel for the petitioner and Shri Manoj Kumar Yadav for the Gaon Sabha as also learned Standing counsel for the State-respondents.

The writ petition has been filed seeking the following relief -

"A) Issue a writ, order or direction in the nature of mandamus and directing the respondent no.2 to execute judgement and final decree dated 28.09.2016 passed by respondent no.2 in Suit No.T2016143658022746, under Section 176 of U.P.Z.A. and L.R. Act (Amarnath Vs. State of U.P. and others) about plots no.249-Ga, 250, 251, 252, 270, 413, 414, 417-Ka and 418 situated at village Saray Padari, P.S. Sujanganj, Tehsil Badalapur, District Jaunpur with the help of Halka police force on the spot and demarcate their shares according to Kurra/ fat and possession may be given."

It is submitted that a final decree in a suit for partition is to be executed. In this regard, a report was filed that the decree of the demarcation and the delivery of possession of the plot was not possible in absence of the adequate police force.

Under the circumstances, this writ petition is disposed of directing the petitioner to file a proper application before the trial court praying that a report be obtained from the concerned police station regarding the expenses for the police force required for delivery of possession and demarcation and also the expense, if any, be deposited by the petitioner.

Once, this report has been obtained and the expense, if any, are deposited by the petitioner, it is expected that the requisite demarcation and the delivery of possession in accordance with the final decree for partition between the parties, shall be implemented on the spot, forthwith.

Order Date :- 27.5.2019

RKM