Allahabad High Court
Chandrawati Devi vs State Of U.P. And 4 Others on 4 March, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- WRIT - C No. - 7585 of 2020 Petitioner :- Chandrawati Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Akhilesh Kumar Counsel for Respondent :- C.S.C. Hon'ble J.J. Munir,J.
The petitioner in this writ petition seeks a writ, order or direction in the nature of mandamus commanding respondent no.2 (Sub-Divisional Magistrate, Tamkuhiraj, District Kushi Nagar) to take necessary action for enforcement of his decree dated 22.08.2019 and eject the private-respondents from the petitioner's land.
A perusal of the judgment and decree dated 22.08.2019 passed in Suit No. 1447 of 2019 under Section 134 of the U.P. Land Revenue Code 2006, shows that it is a judgment passed in a suit for ejectment of a person occupying land without any title. The judgment is one passed in a suit to which the provisions of the Code of Civil Procedure are applicable by virtue of Section 2(14) of the U.P. Revenue Code, 2006.
Section 2(14) of the U.P. Revenue Code reads as under:
"214. Applicability of Code of Civil Procedure, 1908 and Limitation Act, 1963. - Unless otherwise expressly provided by or under this Code, the provisions of the Code of Civil Procedure, 1908 and the Limitation Act, 1963 shall apply to every suit, application or proceedings under this Code."
The judgment dated 22.08.2019 passed in case no. 1447 of 2019 is one in a suit on which a decree has followed. It is executable under Order XXI of the Code of Civil Procedure.
In this view of the matter, the present petition seeking a writ of mandamus to enforce that judgment is misconceived.
The writ petition is accordingly dismissed as not maintainable.
However, it is clarified that it will be open to the petitioner to seek such remedies for execution of the decree passed in the suit, as may be advised.
Order Date :- 4.3.2020/Chandan