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2025 DAILYLAW 159821 (ALL)

VIRENDRA BAHADUR SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE LKO. AND 12 OTHERS

WRIC/8144/2025 · 2025-08-26

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8144 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner and Sri Manish Mishra, learned Additional Chief Standing Counsel appearing for the State Respondents. 2. This writ petition has been filed with the following main prayers:- "i. Issue a writ order or direction in the nature of mandamus commanding the opposite party no. 2 to look into the matter himself and take necessary action against the opposite party no. 6 to 12 and further direct the state opposite parties to ensure the compliance of the stay order dated 16.6.2025 passed by opposite party no.3 i.e. Sub Divisional Magistrate, Colonelganj, District Gonda in Case No. 10921/2025; Virendra Bahadur Singh Versus Jitendra Kumar and others, u/s 144 of U.P. Revenue Code, 2006. ii. Issue a writ order or direction in the nature of mandamus commanding the opposite parties nos. 2 to 5 to take the strict action against the opposite party no.6 to 12 for not obeying the stay order passed by opposite party no.3 i.e. Sub Divisional Magistrate, Colonelganj, District Gonda in Case No. 10921/2025; Virendra Bahadur Singh Versus Jitendra Kumar and others, u/s 144 of U.P. Revenue Code, 2006. Versus Counsel for Petitioner(s) : Dinesh Kumar Singh Counsel for Respondent(s) : C.S.C. Virendra Bahadur Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 12 Others .....Respondent(s) (iii) Issue a writ order or direction in the nature of mandamus thereby commanding the private opposite parties not to disturb the peaceful possession of the petitioner over of land in question and also restrain them from taking possession and cutting the standing trees as well as from cultivating the land in question, till the disposal of the Case No. 10921/2025; Virendra Bahadur Singh Versus Jitendra Kumar and others, u/s 144 of U.P. Revenue Code, 2006, pending before opposite party no. 3, in the interest of justice." 3. It has been submitted by learned counsel for the petitioner that despite the order being passed under Section 144 of the U.P. Revenue Code by the Sub-Divisional Magistrate, Colonelganj against the private respondents such order is not being complied with. The petitioner gave an application to Sub-Divisional Magistrate, Colonelganj on which an order was passed directing the Station House Officer, Police Station Colonelganj, Gonda and the Revenue Inspector to ensure compliance of the order passed by the Sub-Divisional Magistrate. Yet nothing has been done in the matter, therefore, this writ petition has been filed. 4. Sri Manish Mishra, learned Additional Chief Standing Counsel has pointed out that this Court has held in the case of Ajab Lal Vs. Rakesh Kumar Mishra and Others reported in 2007 (4) ALG 145 that if an order is passed on the judicial side by the Revenue Court, execution proceedings have to be initiated. In this case, the petitioner's application dated 07.07.2025, a copy of which has been filed as Annexure no.4 to the writ petition, was submitted to the Sub-Divisional Magistrate in Janta Darshan on a plain piece of paper on the administrative side. 5. This writ petition is disposed of with a direction to the petitioner file an Execution Case before the Competent Court. August 26, 2025 Darpan Sharma WRIC No. 8144 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench