Shivpujan Pandey vs State Of U.P. And 6 Others
2023 Latest Caselaw 3104 ALL

Citation : 2023 Latest Caselaw 3104 ALL
Judgement Date : 30 January, 2023

Allahabad High Court

Shivpujan Pandey vs State Of U.P. And 6 Others on 30 January, 2023

Bench: Surya Prakash Kesarwani, Jayant Banerji




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- WRIT - C No. - 35445 of 2022
 

 
Petitioner :- Shivpujan Pandey
 
Respondent :- State Of U.P. And 6 Others
 
Counsel for Petitioner :- Amit Kumar Tiwari,Ram Khelawan Patel,Shiv Bahadur Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Jayant Banerji,J.

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

This writ petition has been filed with the following prayers:-

"I- Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondent no. 2 i.e. District Magistrate, District Jaunpur to hand over the possession of suit land (decreed land in favour of petitioner) to the petitioner in pursuance of the order dated 06.01.2017 (ANNEXURE NO. 9) passed in Decree Execution Case no. 03 of 2014 (Shivpujan Vs. Jagdamba and others) passed by Civil Judge (J.D.) Shahganj Jaunpur, arising out of the judgment and decreed dated 29.05.1961 (ANNEXURE NO. 5) passed by learned Munsif Shahganj Jaunpur and in pursuance of the order dated 21.11.2019 (ANNEXURE NO. 12) passed by respondent no.2, i.e., District Magistrate, District Jaunpur himself in the light of this Court's Writ-C no. 4768 of 2018 (Shivpujan Vs. State of U.P. and 6 others). (ANNEXURE NO. 10).

II- Issue a writ, order or direction in nature of Mandamus commanding and directing to the respondent no. 2 i.e. District Magistrate, District Jaunpur to pass the reasoned and speaking order upon the representation dated 01.11.2022 filed by petitioner before respondent no. 2 within some stipulated period. (ANNEXURE NO. 13)."

Evidently, the trial court passed its order dated 06.01.20217 recorded satisfaction of the decree. The allegation is that the defendants therein are seeking to repossess the suit property.

After arguing the matter for some time, the learned counsel for the petitioner prays that he may be permitted to withdraw the writ petition with liberty to pursue the matter in appropriate proceedings.

The writ petition is, accordingly, dismissed with the liberty aforesaid.

Order Date :- 30.1.2023