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2025 DAILYLAW 162480 (ALL)

ASHISH KUMAR TRIPATHI AND 3 OTHERS v. DISTRICT MAGISTRATE, RAEBARELI AND OTHERS

/8584/2025 · 2025-09-12

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8584 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard learned counsel for the petitioners as well as learned Standing Counsel for the State/ respondents no. 1 4. 2. In view of the order proposed to be passed, issuance of notice to the private respondents no. 5 to 10, is dispensed with. 3. By means of the present writ petition, the petitioners have prayed that a direction be given to respondents no. 1 to 4 to make/ ensure compliance of order dated 24.01.2025 passed by opposite party no.2 in case no. 832/2025 Computerized Case No. T202510580300832 (Archana @ Sheela Vs. Shri Kant and others) under Section 210 U.P. Land Revenue Act, 1901 and to restrain the opposite party nos. 5 to 9 from interfering in possession of the petitioners over the land in dispute. 4. It has been submitted by learned counsel for the petitioners that petitioners had filed an application on 08.08.2025 to the District Magistrate requesting therein to ensure the compliance of the interim order dated 24.01.2025 passed by Upjiladhikari in appeal and to restrain the opposite parties no. 4 to 8 from interfering in possession of petitioners, on which the Upjiladhikari (Judicial) has been directed to take necessary action after enquiry by 25.08.2025. 5. It has further been submitted that the petitioners is being deprived from their fundamental rights due to illegal interference of the opposite parties no.4 to 8. 6. Learned Standing Counsel, on the other hand, submits that the petitioners have 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. Versus Counsel for Petitioner(s) : Birendra Narain Shukla, Prabhaw Kumar Tripathi, Prashant Kumar Tiwari Counsel for Respondent(s) : C.S.C. Ashish Kumar Tripathi And 3 Others .....Petitioner(s) District Magistrate, Raebareli And Others .....Respondent(s) 7. At this stage, learned counsel for the petitioners 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. 8. Accordingly, the petition is disposed of with liberty to the petitioners 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. September 12, 2025 Muk WRIC No. 8584 of 2025 2 (Alok Mathur,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench