Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 6257 (ALL)

DEENA NATH v. STATE OF U.P. AND 3 OTHERS

WRIC/27496/2026 · 2026-09-10

Chandra Kumar Rai

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 27496 of 2026 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Mr. Akash Yadav, learned counsel, holding the brief of Mr. Ram Pratap Yadav, learned counsel for the petitioner, Mr. Manoj Kumar Mishra, learned standing counsel for the state-respondents and Mr. Rameshwar Prasad Shukla, learned counsel for the respondent-gaon sabha. 2. The instant writ petition has been filed for the following relief:- "Issue a writ, order or direction in the nature of mandamus, directing the authority to take a decision by invoking the provisions of Para 39 of the U.P. Revenue Court Manual in time frame without any further delay by changing the entries in pursuance to the final decree by recording the name of the petitioner over the plot being Plot no.1, area 0.226 hect., situated in Sagrahi (Jiyasad) Pargana Beladaulatabad, Tehsil Lalganj, District Azamgarh in better interest of justice" 3. Counsel for the petitioner submitted that judgment and decree passed in the suit under Section 229-B of the U.P. Z.A. & L.R. Act dated 28.3.1997 should be given effect in the records. He submitted that petitioner filed an application before the authority but no steps have been taken, as such, appropriate direction be issued to the authorities to take appropriate decision for implementation of the order passed in the suit proceeding under Section 229-B of the U.P. Z.A. & L.R. Act. Versus Counsel for Petitioner(s) : Devbratt Yadav, Ram Pratap Yadav Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla Deena Nath .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 4. Learned standing counsel for the State and the counsel for the Gaon Sabha submitted that the instant writ petition for implementation/execution of the order passed in the proceeding under Section 229-B of the U.P. Z.A. & L.R. Act is not maintainable. 5. I have considered the arguments advanced by learned counsel for the parties and perused the records. 6. There is no dispute about the fact that suit under Section 229-B of the U.P. Z.A. & L.R. Act filed by the petitioner was decreed by the trial court. 7. For execution of the judgment/ decree/ order passed in the proceeding under Section 229-B of the U.P. Z.A. & L.R. Act/ Section 144 of the U.P. Revenue Code, 2006, remedy is provided under paragraph 460 of the U.P. Revenue Court Manual, as such, the instant writ petition cannot be maintained for implementation/execution of the order passed in the proceeding under Section 229-B of the U.P. Z.A. & L.R. Act/ Section 144 of the U.P. Revenue Code, 2006. 8. The writ petition is accordingly disposed of with observation that proper proceeding can be initiated according to the provisions contained under Para 460 of the U.P. Revenue Court Manual in accordance with law. September 11, 2026 C.Prakash WRIC No. 27496 of 2026 2 (Chandra Kumar Rai,J.) Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad