Court No. - 34
Case :- WRIT - C No. - 28331 of 2021 Petitioner :- Ashish Singh And 2 Others Respondent :- State Of U.P. And 6 Other Counsel for Petitioner :- Abhishek,Umesh Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Alok Mathur,J.
1. Heard Sri Abhishek, learned counsel for petitioners as well as Sri Anil Kumar Singh Baghel, learned Standing Counsel for the State.
2. It has been submitted by learned counsel for petitioners that he has filed a partition suit No. under Section 117 of the U.P. Revenue Code, 2006 before the Sub-Divisional Magistrate, Shahganj, seeking their share over the Gata No. 527 are 0.251 hectare situated at village Sonikpur, Pargana Anguli Tehsil Shahganj district Jaunpur.
3. After hearing all the parties, a decree was passed on 13.04.2017 and the same became final as it was not challenged by further by any of the respondents and consequently, the names of the petitioners were also mutated in the revenue record.
4. The grievances of the petitioners in the present petition are that despite the decree having been granted in their favour over the said land on 13.04.2017, the respondents had failed to execute the said decree and handed over the said plot to the petitioners. In the said petition, the petitioners themselves have annexed a copy of the report of the Revenue Inspector dated 06.11.2020 which indicates that the Revenue Inspector has handed over the possession of the said plot claimed by the petitioners as per the decree passed in their favour and consequently the decree has satisfied.
5. Learned Standing Counsel on the other hand has submitted that the grievance as raised by the petitioners that respondents and certain other persons are not permitted them to retain the possession for which purposes the petitioners have an equal efficacious remedy by filing a suit under Section 134 of the U.P. Revenue Code before the Sub-Divisional Magistrate concerned.
6. Considering the fact that the grievances of the petitioners can be looked into by the Sub-Divisional Magistrate concerned in exercise of power under Section 134 of the U.P. Revenue Code, it is provided in case the petitioners move appropriate application /suit before the Sub-Divisional Magistrate concerned under Section 134 of U.P. Revenue Code, 2006 within a period of three weeks from today, the same shall be considered and decided expeditiously in accordance with law after giving opportunity of hearing to all concerned.
7. With the above observation/direction, the writ petition is disposed of.
(Alok Mathur, J.) Digitally signed by ALOK MATHUR Date: 2021.10.29 15:18:00 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Order Date :- 28.10.2021/Ravi/-