SHRI KANT v. SUB DIVISIONAL MAGISTRATE, TEHSIL HAIDERGARH, BARABANKI AND OTHERS
WRIC/7510/2025 · 2025-08-11
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155988 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155988 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:46694 Court No. - 5 Case :- WRIT - C No. - 7510 of 2025 Petitioner :- Shri Kant Respondent :- Sub Divisional Magistrate, Tehsil Haidergarh, Barabanki And Others Counsel for Petitioner :- Sunil Dixit,Dilip Kumar Pandey Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Alok Mathur,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State respondent no.1 and Shri Mohan Singh,
learned counsel on behalf of respondent no.4.
2. In light of the proposed order, notice to private respondents no.2 and 3 is dispensed with.
3. Instant petition has been filed by the petitioner praying for direction to the respondent No. 1 / Sub Divisional Magistrate, Tehsil Haidergarh, District Barabanki to embankment the disputed land in compliance of judgement and decree dated 29.02.2023 in the proceeding of Case No.RST/137/2012-2013, Computerized Case No.T201604120506630, under Section 176 of U.P.Z.A. &L.R. Act, 1950 as well as to decide the application dated 19.06.2025 for execution of judgement and decree dated 29.02.2023 in the proceeding of the aforesaid case.
4. It has been submitted by counsel for the petitioner that in proceeding under Section 176 of the U.P.Z.A. &L.R. Act, 1950, an application was filed by the petitioner in respect of Gata No.464, area 0.049 hector situated at Village Trivedi Ganj, Pargana & Tehsil Haidergarh, District Barabanki which has been concluded by means of decree and order dated 29.02.2023 in the proceeding of Case No.RST/137/2012-2013,
Computerized Case No.T201604120506630.
5. It has been submitted that despite the proceedings have been concluded and the said order has become final inasmuch as according to the petitioner, no appeal or revision has been preferred but still the authorities are not complying with the said order and accordingly, a prayer has been made in the present case for a direction to Sub Divisional Magistrate, Tehsil Haidergarh, District Barabanki to make embankment of the disputed land in compliance of judgement and decree dated
29.02.2023.
6. Learned Standing Counsel on the other hand submits that petitioner has an efficacious remedy under Para 460 of the U.P. Revenue Court Manual, where an appropriate application being given by the petitioner or the orders of the revenue courts can be executed.
7. At this stage, it has been disputed that the aforesaid proposition as prayed by the the petitioner to withdraw the petition with liberty to move appropriate application before the competent authority under Para 460 of the U.P Revenue Code, it is provided that in case such an application is made within next two weeks, the competent authority shall consider and decide the same with expedition in accordance with law.
8. With above directions, the writ petition is disposed of. [Alok Mathur,J.]
Order Date :- 11.8.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench