Bali Mohammad vs State Of U.P. And 7 Others
2023 Latest Caselaw 23459 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:171631-DB
 
Court No. - 40
 

 
Case :- WRIT - C No. - 27786 of 2023
 

 
Petitioner :- Bali Mohammad
 
Respondent :- State Of U.P. And 7 Others
 
Counsel for Petitioner :- Shakeel Ahmad Azmi,Imtyaz Ahmad
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Surendra Singh-I,J.

1. Heard learned counsel for the petitioner and Ms. Uttara Bahuguna, learned Additional Chief Standing Counsel for the State-respondent.

2. In pith and substance, petitioner is before this Court for execution of judgment and order dated 15.2.2018 passed by Additional District Judge/F.T.C. I, Auraiya in Civil Appeal No. 04/2016 (Bali Mohammad Vs. Dev Narayan and others). It has also been alleged that in spite of aforesaid decree, private respondents are interfering in peaceful possession of the petitioner.

3. At the very outset, learned Additional Chief Standing Counsel raised a preliminary objection that for redressal of his grievance, the petitioner has got efficacious remedy of filing an execution case and as such, the writ petition is liable to be dismissed on the ground of statutory alternative remedy.

4. Considering the facts and circumstances of the case and the objection so raised by learned Additional Chief Standing Counsel, we are not inclined to exercise our discretionary jurisdiction under Article 226 of the Constitution of India. Needless to say, it is always open for the petitioner to press the relief before the appropriate Forum/Court.

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

Order Date :- 25.8.2023

A.K.Srivastava