Allahabad High Court
Shiv Shankar Vishwakarma vs State Of U.P. And 8 Others on 26 November, 2019
Bench: Pankaj Mithal, Yogendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 29 Case :- WRIT - C No. - 38059 of 2019 Petitioner :- Shiv Shankar Vishwakarma Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Ram Chandra Yadav Counsel for Respondent :- C.S.C. Hon'ble Pankaj Mithal,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Ram Chandra Yadav, learned counsel for the petitioner and the learned Standing Counsel appearing for the State-respondents.
The petitioner alleges that his suit for partition under Section 176 U.P.Z.A. & L.R. Act, 1950 has been decreed but despite the above his possession is being disturbed by the private respondents.
The petitioner has filed this writ petition seeking a direction that his possession over his share of the land may be restored and that action be taken against the respondents.
In effect the petitioner is seeking the implementation/execution of the decree of partition passed by the court below.
In order to get the aforesaid decree implemented or executed the petitioner has to move appropriate application before the court concerned and the invocation of the writ jurisdiction is not a proper remedy available to the petitioner.
In view of the above the writ petition is dismissed leaving it open to the petitioner to press his application for execution before appropriate court which shall be decided expeditiously.
Order Date :- 26.11.2019 Shahroz