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2025 DAILYLAW 159131 (ALL)

SABIRA v. STATE OF U.P. THRU. COLLECTOR, BARABANKI AND OTHERS

WRIC/8053/2025 · 2025-08-28

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8053 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Shri Kaushal Mani Tripathi, learned counsel for the petitioner as well as learned Standing Counsel for the State/ respondents no. 1 and 2. 2. In view of the order proposed to be passed, issuance of notice to the private respondents no. 3 to 5, is dispensed with. 3. By means of the present writ petition, the petitioner has prayed that a direction be given to respondent no. 1 to execution order dated 25.8.2017 in Case No. 2843/2017, Sabira Vs. Kamlesh Kumar and others, Computerized Case No. T2017041248032843, under Section 24 U.P. Revenue Code 2006. 4. It has been submitted by learned counsel for the petitioner that petitioner had filed demarcation application before the the learned Sub Divisional Officer, Tehsil Fatehpur, District Barabanki, which was decided on 25.8.2017 in favour of the petitioner. 5. It has further been submitted that the petitioner is being deprived from his fundamental rights due to illegal interference of the opposite parties no.3 to 5. 6. Learned Standing Counsel, on the other hand, submits that the petitioner has equally efficacious and alternate remedy of executing the orders of revenue court as per Para 460 of U.P. Revenue Court Manual where an order of revenue authority can be executed. 7. At this stage, learned counsel for the petitioner submits that he does not want to press this petition and seeks liberty to approach the competent authority under Para 460 o U.P. Revenue Court Manual for execution of the orders passed by the Prescribed Authority as well as of the other authorities. Versus Counsel for Petitioner(s) : Kaushal Mani Tripathi Counsel for Respondent(s) : C.S.C. Sabira .....Petitioner(s) State Of U.P. Thru. Collector, Barabanki And Others .....Respondent(s) 8. Accordingly, the petition is disposed of with liberty to the petitioner to approach competent authority by moving appropriate application under Para 460 of U.P. Revenue Court Manual to execute the orders of the revenue authorities. In case, such an application is moved within two weeks form today, the same shall be disposed of expeditiously. August 28, 2025 Muk WRIC No. 8053 of 2025 2 (Alok Mathur,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench