Court No. - 21
Case :- WRIT - C No. - 7863 of 2018 Petitioner :- Brij Bhusan Rai And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Shambhavi Nandan,Pankaj Kumar Rai Counsel for Respondent :- C.S.C.
Hon'ble Krishna Murari,J. Hon'ble Ajay Bhanot,J.
Heard learned counsel for the petitioners.
Petitioners have approached this Court seeking following main relief :
"I. Issue a writ order or direction in the nature of mandamus restrained the police of Police Station Gambirpur, district Azamgarh and Tehsildar, Nizamamabad, district Azamgarh not to take law in their own hand and further direct the respondents to comply with the order dated 03-10-2016 (Annexure no-2) which is still in operation force on spot otherwise petitioner will suffer great loss and injury."
Learned counsel for the petitioners contends that since the petitioners have no remedy under the U.P. Revenue Code, 2006 they have approached this Court invoking the power conferred by Article 226 of the Constitution.
We are afraid the argument advanced by learned counsel for the petitioners is totally misconceived.
By virtue of Section 214 of the U.P. Revenue Code, 2006, the provisions of the Code of Civil Procedure and the Limitation Act have been made applicable to every suit, application or proceedings under the Revenue Code.
In such view of the matter, in case there is alleged violation of any temporary injunction passed by the revenue court, the petitioners have a remedy of approaching the court invoking Order 39 Rule 2A of the Code of Civil Procedure. Writ court is not meant for executing the order passed by the sub-ordinate court.
In such circumstances, we dispose of the writ petition by giving liberty to the petitioners to make proper application before the court concerned, with the direction to the said authority that in case any such application is made, the same shall be decided in accordance with law expeditiously.
Order Date :- 28.2.2018 nd