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Neutral Citation No. - 2025:AHC:141349-DB Court No. - 21 Case :- WRIT - C No. - 27758 of 2025 Petitioner :- Navindra Kumar Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Indra Jit Singh,Ritesh Singh,Suresh Singh,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. The following prayers have been made in the present writ petition:
"I. Issue a writ, order or direction in the nature of Mandamus directing and commanding the respondent No.2 i.e. District Magistrate, Gorakhpur, Respondent No.3 i.e. Senior Superintendent of Police, Gorakhpur and Respondent No.4 i.e. Circle Officer, Police Station - Kotwali, District Gorakhpur to comply the order of the Execution Court dated 23.11.2024, 17.05.2025 and 31.05.2025 passed by the Civil Judge in Execution Case No. 20 of 2016, Smt. Savitri Devi Vs. Babu Lal and others, as well also direct the Court-Amin to give the effect of the order of the Execution Court dated 05.11.2024 i.e. Annexure No.4, so that delivery of the possession of the land in suit to be handed over that to the petitioner. II. Issue a writ, order or direction in the nature of mandamus directing the respondents to decide the application dated 08.08.2025."
2. The petitioner claims to be a decree holder. It appears that on 23.11.2024, Civil Judge, Junior Division, Gorakhpur in Execution Case No. 20 of 2016 (Smt. Savitri vs. Babu Lal) directed for police aid being provided to the decree holder for the purposes of execution of the decree. The petitioner is stated to have filed an application on 08.08.2025 in the said execution case for getting illegal constructions demolished and for handing over possession to him. In the said backdrop, the present petition has been filed. 3. Shri O.P. Singh, learned Senior Counsel appearing on behalf of the petitioner submits that this court should direct the District Magistrate, Gorakhpur and Senior Superintendent of Police, Gorakhpur to provide police force for execution of the decree. 4. As Code of Civil Procedure is a complete Code investing Executing Court with adequate powers to enforce the decree, we find no good ground to oversee the execution of the decree in exercise of writ jurisdiction. However, before parting, we observe that in case there is no impediment, it is the duty of the
Executing Court to ensure expeditious execution of the decree. 5.
The writ petition stands disposed of accordingly. (Ram Manohar Narayan Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 19.8.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad