Jafar Kamal vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 22331 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- WRIT - C No. - 9122 of 2022
 

 
Petitioner :- Jafar Kamal
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others
 
Counsel for Petitioner :- Shailendra Kumar,Dinesh Kumar Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Om Prakash Shukla,J.

Heard learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.

By means of this writ petition the petitioner has prayed for a writ of mandamus commanding and directing the opposite party nos.2 to 4 to consider and decide the application dated 14.11.2022 contained as annexure no.7 to 9 to this writ petition.

The application placed on record reveals that the petitioner has prayed for being provided the police force so as to implement the judgment and decree passed in his favour on 5.11.2022 in Regular Suit No.402 of 2016. It is true that the judgment and decree has been rendered in favour of the petitioner but the period of limitation for filing the appeal against the same has yet not expired.

In these circumstances, a direction for disposal of the representation on the executive side may not be maintainable at this stage unless the judgment and decree attain finality. It is also not the case of the petitioner that he is not enjoying the possession. In case there is any interference by the private respondents, who are not impleaded as party in the writ petition, remedy lies before the competent civil court under Order 39 rule 2A CPC.

With the aforesaid observations, the writ petition stands finally disposed of.

Order Date :- 21.12.2022

Anupam