Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30344 of 2026 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Mr. Brij Kishore Pandey, learned counsel for the petitioner and Mr. Awadesh Kumar Patel, learned Standing Counsel for the State. 2. The instant writ petition has been filed for following relief: i) Issue a writ order or direction in the nature of mandamus directing to the respondent authorities to provide the possession to the petitioner over Arazi No.. 454M situated at Mauza-Singaramau, Pargana Sikandara, Tehsil-Phoolpur, District Prayagraj as per order passed by Sub District Magistrate, Tehsil-Phoolpur, District Prayagraj, under Section 116 of U.P. Revenue Code-2006. 2. Learned counsel for the petitioner submitted that judgment/ decree has been passed by trial court in the suit under Section 116 of U.P. Revenue Code-2006. He further submitted that appeal has been filed by private respondent in which no interim order has been granted. He further submitted that the order passed by trial court has not been complied with in respect to plot no. 454M. He further submitted that the petitioner filed an application before the authority for possession of the one of the plot no. 454M but no steps has been taken by the authority. 3. I have considered the arguments advanced by learned counsel for the petitioner and perused the record. 4. There is no dispute about the fact that the judgment/order/decree has been passed in the suit under Section 116 of the U.P. Revenue Code-2006 Versus Counsel for Petitioner(s) : Brij Kishore Pandey Counsel for Respondent(s) : C.S.C. Ram Soorat Mishra .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s)
and appeal filed by private respondent is pending before the appellate court. 5. It is material to mention that petitioner is actually praying for implementation/execution of judgment/order/decree passed in the proceeding under Section 116 of U.P. Revenue Code 2006 which can not done by moving misc. application before the authorities rather petitioner should initiate proper proceeding for implementation/execution of the final judgment/order/decree passed in the suit under Section-116 of U.P. Revenue Code 2006. 6. Considering the entire facts and circumstances of the case, the instant writ petition is finally disposed of with observation that proper proceeding for implementation/execution of the final judgment/order/decree passed under Section 116 of U.P. Revenue Code 2006 can be initiated in accordance with law. September 14, 2026 v.k. updh.
WRIC No. 30344 of 2026 2 (Chandra Kumar Rai,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad