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2025 DAILYLAW 159860 (ALL)

RADHE SHYAM v. SUB DIVISIONAL MAGISTRATE, TEHSIL KUNDA, PRATAPGARH AND OTHERS

WRIC/8158/2025 · 2025-09-03

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8158 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard learned counsel for the petitioner as well as learned Standing counsel for respondents. 2. With the consent of learned counsel for the parties, the matter is heard and decided at the admission stage itself. 3. Brief facts of the present case is that the application under Section 116 of U.P. Revenue Code in respect of Gata No.1288m, area 0.670 of Village Pariyawan, Prgana Manikpur, Tehsil Kunda District Pratapgarh was allowed on 29.8.2018 for whose compliance the petitioner filed application on 7.11.2019 but the same is still pending and no but till date the said order has not been complied with despite the fact that the same has not been assailed before any higher authority or forum nor any interference has been made therein. 5. In the aforesaid facts, a prayer has been made for a direction to the respondent-officials to execute the said order. 6. Learned Standing counsel, on the other hand, has opposed the writ petition and has submitted that there is adequate alternative remedy available to the petitioner under Para 460 of U.P. Revenue Court Manual where the orders of the revenue authorities may be executed and there is no extraordinary circumstances submitted by the petitioner for interference of this Court in is power under Article 226/227 of Constitution of India. Versus Counsel for Petitioner(s) : Dilip Kumar Pandey Counsel for Respondent(s) : C.S.C. Radhe Shyam .....Petitioner(s) Sub Divisional Magistrate, Tehsil Kunda, Pratapgarh And Others .....Respondent(s) 7. At this stage, learned counsel for the petitioner also submits that he may be granted liberty to move an application before the appropriate authority to execute the order passed by Sub Divisional Officer, Sadar, District Sultanpur. 8. In light of the above, the writ petition is disposed of with a liberty to the petitioner to move an application under Para 460 of U.P. Revenue Court Manual for executing the order dated 29.8.2018 and in case such an application is made, the same shall be considered and decided expeditiously, in accordance with law. September 3, 2025 RKM. WRIC No. 8158 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench