Jamuna Das v. State of U.P. Thru. Collector , Gonda and Others

Court No. - 3 Case :- WRIT - C No. - 11119 of 2023 Petitioner :- Jamuna Das Respondent :- State Of U.P. Thru. Collector , Gonda And Others Counsel for Petitioner :- Nitin Srivastava,Jitendra Kushwaha Counsel for Respondent :- C.S.C. Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J.

¶1Heard learned counsel for the parties.

¶2Petitioner has approached this Court claiming that the private respondents are interfering in his possession despite the stay granted by the revenue court.

¶3Brief facts of the case are that the petitioner has already approached the Revenue Court by filing a suit bearing no. 6074 of 2023, under Section 144, U.P. Land Revenue Code, in which an stay order was granted by the Court concerned on

25.08.2023.

¶4Looking into to the facts and circumstances, petitioner has an alternative remedy to approach the Court concerned by moving an application under Para 460 of the U.P. Revenue Manual which provides that Revenue Court has power to get their order executed.

¶5It goes without saying that all the State Officials including Administration and Police Officials are bound to ensure that the orders of Court are complied with by the person concerned. In case, such an application is filed by petitioner, the Court concerned shall consider and decide the same in accordance with law after hearing all parties concerned, expeditiously, if possible, within a period of four weeks from the date such an application along with a certified copy of this order is moved before the Court concerned.

¶6The writ petition is accordingly disposed of. (Manish Kumar, J.) (Vivek Chaudhary, J.) Order Date :- 19.12.2023 Arjun/- High Court of Judicature at Allahabad, Lucknow Bench