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2025 DAILYLAW 165950 (ALL)

AJAY PRATAP SINGH v. SUB DIVISIONAL MAGISTRATE, TEHSIL KUNDA, PRATAPGARH AND OTHERS

/5647/2025 · 2025-09-23

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5647 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Sri Dileep Singh, learned counsel for the petitioner as well as learned Standing counsel for the State. 2. In view of the order proposed to be passed issuance of notice to the private respondent is dispensed with. 3. By means of the present petition the petitioner has prayed for a direction to opposite party No.1 i.e. Sub Divisional Officer, Tehsil-Kunda, District Pratapgarh to decide application dated 10.5.2024 and 27.5.2025 filed in partition suit bearing suit No.RST/4425/2017 (computerized No.T2017025744014425) "Uday Pratap Singh VS. Kunwar Bahadur Singh and others", expeditiously. 4. It has further been submitted that suit for partition was filed by the petitioner for the land bearing gata No.1202/0.405, 1203/0.762, 1271 Kha/0.253 situated at Village Rai Ashkaranpur, Pargana Dhingvash, Tehsil Kunda, District Pratapgarh which has been decided and preliminary decree has been prepared on 10.1.2024 and kurra proceedings have also concluded on 30.4.2024 but physical possession of the plots has still not been delivered despite the petitioner having made aforesaid applications dated 10.5.2024 and 27.5.2025. 5. 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. 6. 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 Versus Counsel for Petitioner(s) : Dileep Singh, Sameer Kumar Singh Counsel for Respondent(s) : C.S.C. Ajay Pratap Singh .....Petitioner(s) Sub Divisional Magistrate, Tehsil Kunda, Pratapgarh And Others .....Respondent(s) 460 of U.P. Revenue Court Manual for execution of the orders passed by the Prescribed Authority as well as of the other authorities. 7. Accordingly, the petition is disposed of with liberty to the petitioner to approach competent authority by moving appropriate application under Para 460 of Revenue Court Manual to execute the orders of the revenue authorities. In case, such an application is moved within two weeks from today the same shall be disposed of expeditiously. September 23, 2025 RKM. A227 No. 5647 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench