Prem Chand Gupta And Another vs State Of U P And Another
2021 Latest Caselaw 656 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Chief Justice's Court
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1900 of 2020
 

 
Petitioner :- Prem Chand Gupta And Another
 
Respondent :- State Of U P And Another
 
Counsel for Petitioner :- D. Kumar. Misra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Govind Mathur,Chief Justice
 
Hon'ble Saurabh Shyam Shamshery,J.

1. This petition for writ is preferred for reliefs mentioned below:

"(I) to issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 the learned District Judge, Azamgarh to take over the Property of the Public Trust in his own supervision in view of the judgment dated 21.09.1957 (Annexure No. 1 of this writ petition) passed by the learned District Judge, Azamgarh in Original Suit No. 02 of 1951 as well as in view of the judgement dated 28.02.1967 (Annxure No. 2 of this writ petition) passed by this Hon'ble Court in the First Appeal No. 467/1957.

(II) to issue a writ, order or direction in the nature of Mandamus directing the respondent no. 2 the learned District Judge Azamgarh to hold that Suit No. 25 of 1967 and its judgment dated 26.04.1984 (Annexure No. 4 of this writ petition) is null and void, therefore it has no legal authority or legal force."

2. A bare perusal of the reliefs, referred above, make it clear that petitioners are desirous to have execution of a decree granted by Civil Court in a suit proceeding. We do not find any just reason to get a decree executed by invoking the powers under Article 226 of the Constitution of India. A complete procedure in that regard is prescribed under the Code of Civil Procedure, 1908.

3. A direction is also sought to declare a subsequent judgment and decree passed by Civil Court null and void. For that purpose also adequate remedy is given under the Code of Civil Procedure, 1908.

4. In view of whatever stated above, no interference is warranted. Writ petition is dismissed.

Order Date :- 11.1.2021

AK

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(Saurabh Shyam Shamshery,J.) (Govind Mathur, C.J.)