RAM SHANKER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LUCKNOW AND 9 OTHERS
WRIC/9223/2025 · 2025-09-18
Manjive Shukla, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 165718 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 165718 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9223 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE MANJIVE SHUKLA, J.
1. We have heard learned counsel for the petitioner and learned Standing Counsel for the State Respondents. 2. This writ petition has been filed with the following main prayers:-
"A. Issue a writ, order or direction in the nature of Mandamus commanding the opposite party No.1 to 4, to protect the measuring 0.283 hectare situated in Village life, liberty and property of the petitioner Gata no. 1615 Lalapur (Subedar Ka Pura) Akbarpur, District - Ambedkar Nagar so the petitioner may live in the said house with his family in peaceful manner.. B. Issue a writ, order or direction in the nature of mandamus directing opposite party 2 to take legal action against opposite party Nos. 5 to 10 who had illegally and without any legal right encroached upon some portion of land measuring 0.283 Hectares of Gata No. 1615 situated at Village Lalapur (Subedar Ka Pura) Akbarpur, District Ambedkar Nagar despite having full knowledge that Munsif Akbarpur District Ambedkar Nagar had passed a decree in favour of the petitioner in respect of the said land vide judgment and order dated 5.10.1989 passed in Regular Civil Suit No. 1033/1986 (Ram Khelawan Vs. Gavan Sabha & Ors.) wherein the learned Civil Court clearly directed that the petitioner shall not be disposed. C. Issue a writ, order or direction in the nature of Mandamus directing the Opposite Party No.4 to act in accordance with the directions given by the Opposite Party Versus Counsel for Petitioner(s) : Mayank Pandey, Ravi Kant Counsel for Respondent(s) : C.S.C. Ram Shanker .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Lucknow And 9 Others .....Respondent(s)
no.3/Sub Divisional Magistrate, Akbarpur Ambedkar Nagar, on the applications moved by the petitioners on several dates. D. Issue a writ. Order or direction in the nature of Mandamus commanding the opposite party no.1 to 4, to restore the possession of the petitioner over land measuring 0.283 Hectares of Gata No. 1615 situated at Village - Lalapur (Subedar Ka Pura) Akbarpur, District Ambedkar Nagar, forthwith."
3. It is the case of the petitioner that the opposite parties no.
5 to 10(private respondents) are forcibly interfering in the possession of the petitioner over portion of the land of the petitioner in Gata No. 1615 admeasuring 0.283 Hectares situated at Village Lalapur (Subedar Ka Purva) Akbarpur, District - Ambedkar Nagar whereas there is already a Decree of Permanent Injunction passed by the Court of Munsif Hawali Akbarpur in favour of the petitioner in Regular Suit No. 1033 of 1986 (Ram Khelawan Vs. Gawan Sabha & Others). 4. It has been submitted that the private respondents are being helped by the Police and the petitioner has repeatedly written to the Sub-Divisional Magistrate, Akbarpur, Ambedkar Nagar to ensure that his possession is protected in terms of the Decree dated 05.10.1989, but no heed has been paid, despite the Sub-Divisional Magistrate marking the application of the petitioner to the Station House Officer. 5. The administrative authorities cannot ensure execution of decree through Administrative Orders as has been repeatedly observed by this Court in its several decisions. The petitioner has to file an appropriate application for execution of decree before the Civil Judge, Akbarpur, Ambedkar Nagar. 6. No directions as has have been prayed for can be granted. 7. Accordingly, the writ petition stands disposed of. September 18, 2025 Darpan Sharma WRIC No. 9223 of 2025 2 (Manjive Shukla,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench