Rahat Ali vs D.M./ Collector Barabanki And 11 ...
2022 Latest Caselaw 14151 ALL

Citation : 2022 Latest Caselaw 14151 ALL
Judgement Date : 30 September, 2022

Allahabad High Court

Rahat Ali vs D.M./ Collector Barabanki And 11 ... on 30 September, 2022

Bench: Attau Rahman Masoodi, Om Prakash Shukla




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- WRIT - C No. - 6910 of 2022
 

 
Petitioner :- Rahat Ali
 
Respondent :- D.M./ Collector Barabanki And 11 Others
 
Counsel for Petitioner :- Virendra Kumar Shukla,Shyam Pratap Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Om Prakash Shukla,J.

Heard learned counsel for th petitioner and learned Standing Counsel for the State.

It appears that rights of the petitioner relating to sahan land were interfered with by the opposite parties no.5 to 12 on account of which suit for injunction was filed by the petitioner before the competent civil court. The suit was registered as Regular Suit No.47 of 1987 and the same has been decreed in his favour vide judgement/decree dated 26.7.2022.

It is averred in para-10 of the writ petition that the defendants have not preferred any appeal against the aforesaid judgement but on the contrary they are disturbing the petitioner's possessory rights over his sehan land.

The competent civil court has rendered decree in favour of petitioner. In the event of non-compliance of the same, the petitioner has a remedy under Order 21 Rule 10 for execution of judgement/decree passed by the civil court.

In the situation of violation of judgement/decree already passed by the competent civil court, the petitioner has also a remedy under Section 10 of the Contempt of Court Act, 1971.

Writ proceeding under Article 226 of the Constitution of India, however, would not lie for execution of judgement/decree rendered by the civil court.

Leaving it open to the petitioner to avail the appropriate remedy provided under law, we decline to entertain the present writ petition and the same is accordingly rejected.

In case the grievance raised in present writ petition is agitated by the petitioner before the executive authorities on the strength of judgment/decree, as aforesaid, the executive authorities are expected to do the needful, in accordance with law.

Order Date :- 30.9.2022

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