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2026 DAILYLAW 5278 (ALL)

SMT NATTHO DEVI v. STATE OF UP AND 7 OTHERS

WRIC/5941/2026 · 2026-09-07

Saurabh Shyam Shamshery

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 5941 of 2026 Court No. - 36 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri L.K. Trigunait, learned counsel for petitioner and Sri Deepak Sharma, Advocate for contesting-respondents. 2. Impugned order dated 20.06.2022 was passed by Permanent Lok Adalat and operative part thereof is reproduced hereinafter: "प्राथीर्/पिरवादी का यह पिरवाद आंिशक रूप से स्वीकार िकया जाकर आदेश िदया जाता है िक िवपक्षी क्रमांक-2 लगायत-6 ग्राम पंचायत अलीपुर की गिलयों में पथवारी माता मिन्दर से सुरेश के मकान तक िजस खरंजे का िनमार्ण िकया गया है और िजसके कारण गिलयों में पानी रूक गया है, उसे पूवर् की भाँित ठीक कर पानी के िनकासी की व्यवस्था 2 माह के अन्दर िकया जाना सुिनिश्चत करें।" 3. Said order is not challenged by any party including petitioner immediately and it is now challenged by means of present writ petition, i.e., after more than four years probably on ground that an execution proceeding was initiated by contesting-respondents and account of Gaon Sabha concerned was seized by order dated 11.11.2025, which is also challenged. 4. An argument on behalf of petitioner is that initially she was under an impression that aforesaid order will be challenged by State and subsequently no permission was granted to her to challenge it. However, Versus Counsel for Petitioner(s) : Lakshmi Kant Trigunait, Rajesh, Ravi Lal Gupta Counsel for Respondent(s) : C.S.C. Smt Nattho Devi .....Petitioner(s) State Of Up And 7 Others .....Respondent(s) the Court finds that it cannot be a ground to condone delay since no action was taken to implement the order passed by Permanent Lok Adalat by petitioner. 5. Otherwise also, presently petitioner has only an administrative power and she cannot exercise financial power, therefore, also petitioner is not prejudice. 6. In aforesaid circumstances, there is no reason to interfere with impugned order. However, it is observed that in execution proceeding it would be better that except an amount determined on basis of material on record for execution of award, for rest of amount the bank account be permitted to operate. 7. With aforesaid observation, the writ petition is disposed of. September 8, 2026 AK WRIC No. 5941 of 2026 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad