Allahabad High Court
Ram Murat vs State Of U.P. And 2 Others on 25 February, 2020
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - C No. - 6467 of 2020 Petitioner :- Ram Murat Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Imtiyaj Ali Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J.
Grievance of the petitioner is that though a decree under Section 176 of The U.P. Zamindari Abolition and Land Reforms Act, 1950 has been passed yet it is not being given effect to on the spot inasmuch as possession has not been put in possession in terms thereof. Attention of the Court has been invited to Annexure no.7 of the writ petition according to which police protection is required for such purposes. It is stated that authorities of the State have not provided requisite police assistance and the decree is not being given effect to on spot.
Rule 182-B of The U.P. Zamindari Abolition and Land Reforms Rules, 1952 regulates delivery of possession in execution of a decree and is reproduced hereinafter:-
"182-B. - Delivery of possession in execution of a decree or order for ejectment shall not be made before the fifteenth day of April or after the thirtieth day of June in any year :
Provided that the State Government may by notification specify in respect of any local area other dates between which delivery of possession shall be made :
Provided further that the provisions of this rule shall not apply to cases of ejectment under Section 122-B or Section 198 (4) or Section 209."
Once a decree has been passed and the authority concerned is approached with a prayer to execute it, it is expected that all necessary assistance would be provided for executing the decree or else the decree itself would have no sanctity. This petition, therefore stands disposed of with the direction upon the 3rd respondent to ensure that needful action in terms of Rule 182-B of The U.P. Zamindari Abolition and Land Reforms Rules, 1952 is taken and the decree is given effect to on the spot. The 2nd respondent is also directed to provide requisite police help in case a request in that regard is received from the SDM concerned. Necessary action in that regard would be taken within a period of three months after due notice to the parties concerned.
Order Date :- 25.2.2020/Abhishek Singh