Ajayab Lal vs State Of Up And 29 Others
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Allahabad High Court

Ajayab Lal vs State Of Up And 29 Others on 13 November, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:177673
 
Court No. - 34
 

 
Case :- WRIT - C No. - 21501 of 2024
 
Petitioner :- Ajayab Lal
 
Respondent :- State Of Up And 29 Others
 
Counsel for Petitioner :- Rajesh Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. Heard learned counsel for the parties and perused the record.

2. This writ petition has been filed seeking following relief :-

"Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to ensure the compliance/implementation of order dated 12.09.2022 and final decree dated 03.01.2023 on the spot passed by respondent no.2 himself in Case No.RST/00366/2019 (Computerized case no. T201902030500366) Ajayab Lal Vs. Sri Prasad and others U/s 116 U.P. Revenue Code, 2006, as expeditiously as possible preferably within the stipulated period of time as granted by this Hon'ble Court."

3. Contention of learned counsel for the petitioner is that the decree has been passed in favour of the petitioner in a proceedings u/s 116 of the U.P. Revenue Code, 2006 and the same is not given effect.

4. Learned Standing Counsel has raised a preliminary objection that writ petition is not maintainable for execution of the orders passed by the Revenue Court in view of the judgment passed by the Division Bench of this Court in Manbhavati vs. State of U.P. and others; 2020 1 AWC 789A as well as in Writ C No. 7863 of 2018 (Brij Bhushan Rai v. State of U.P. and 6 others).

5. Even otherwise, the decree passed by the Revenue Court in a partition suit is executable, therefore, I am not inclined to interfere in the matter.

6. Accordingly, this writ petition stands disposed of with liberty to the petitioner to avail alternative remedy, as available to him, under the law.

Order Date :- 13.11.2024

Rishabh

[Manish Kumar Nigam, J.]