Himanshu Narain And Another vs State Of U.P. And 4 Others
2023 Latest Caselaw 1939 ALL

Citation : 2023 Latest Caselaw 1939 ALL
Judgement Date : 18 January, 2023

Allahabad High Court

Himanshu Narain And Another vs State Of U.P. And 4 Others on 18 January, 2023

Bench: Chandra Kumar Rai




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- WRIT - C No. - 32875 of 2022
 

 
Petitioner :- Himanshu Narain And Another
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Raj Kumar Yadav,Sheo Ram Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Chandra Kumar Rai,J.

Heard Mr. Raj Kumar Yadav, learned counsel for the petitioners and Mr. L.K. Tripathi, learned Additional Chief Standing Counsel for the State-respondents.

The instant petition has been filed for the following reliefs:

"i. issue a writ, order or direction in the nature of mandamus commanding the Respondent no.2 and 3 to implement the decree dated 25.01.2019 passed in Case No.218/2013/2013-2014, Computerized Case No.T2013054431490 (Vinod and Others Vs. Anant Deo and Others), under Section 176 of U.P.Z.A. & L.R. Act and the petitioner may not be dispossessed forcibly from the revenue plot no.244M from his share situated at Village- Dudahi, Tappa Rampur Rogaha, Tehsil- Tamkuhiraj, District- Kushi Nagar, during the pendency of the Case No.00305 / 2019, Computerized Case No.C201905000000305 (Himanshu Narain Vs. Vinod), under Section 331 (3) of U.P.Z.A. & L.R. Act pending before the Additional Commissioner (Administration-IV), District- Kushinagar, Gorakhpur Division, Gorakhpur till the pendency of the appeal."

Counsel for the petitioner submitted that the petitioners filed an appeal under Section 331 (3) of U.P.Z.A. & L.R. Act against the judgment and decree dated 6.3.2018 passed in partition suit. He further submitted that appeal has been admitted and status quo order was passed till next date fixed in the case. He further submitted that during pendency of appeal, the final decree passed in partition be not implemented.

Since the appeal filed by the petitioners is pending before the Additional Commissioner (Administration-IV), District- Kushinagar, Gorakhpur Division, Gorakhpur, as such, petitioners will have liberty to file appropriate application in the pending appeal before the Additional Commissioner (Administration-IV), District- Kushinagar, Gorakhpur Division, Gorakhpur. No interference is required in the matter at this stage.

The writ petition is accordingly, disposed of.

Order Date :- 18.1.2023

Rameez