Court No. - 4
Case :- WRIT - C No. - 18682 of 2019 Petitioner :- Jadawati Devi Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Kiran Tiwari,Mahesh Chandra Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
Per: Hon’ble Prakash Padia J.
1. Heard learned counsel for the parties.
2. The petitioner has preferred the present writ petition with the following prayers:-
1- Issue a writ, order or direction in the nature of mandamus directed the respondent No.2 to pay the compensated of the petitioner in pursuance of the order dated 18/11/15 passed by civil judge [SD] District Bhadohi in civil suit no.-220/02 [ Smt. Jadawati Devi verses State of U.P. and other] as well as decide the execution proceeding of the case being execution number 06/17 [ Smt. Jadawati Devi verses State of U.P. and other] pending before the civil judge [SD] District Bhadohi.
2 – Issue a writ order or direction in the nature of the mandamus Directing the respondent No.2 to decide the representation dated 18/1/19 moved by the petitioner pending before them in pursuance of the order dated 18/11/15 passed by Civil Judge [SD] District Bhadohi in civil suit no.-220/02 [ Smt. Jadawati Devi verses State of U.P. and other].
3. Facts in brief as contained in the writ petition that the petitioner is the owner of the his Bhumadhari land situated in village Deegh Post Katra Bazar, Tehsil Gyanpur, P.S. Koirauna, District Bhadohi.
4. It is contended that respondent No.3 without any notice or opportunity acquired the land of the petitioner forcibly for the construction of 40 feet wide road over the land of the petitioner in the year 2002.
5. Aggrieved against the aforesaid action of the respondent No.3, the petitioner filed a civil suit in the Court of Civil Judge (Senior Division) Bhadohi which was numbered as Original Suit No.220 of 2002 (Smt. Jadawti Devi Vs. State of U.P. and others). The said suit was finally decreed by the Court below vide its judgement and decree dated 18.11.2015. Since the said judgement and decree was not complied with, the petitioner filed an application for execution of the decree which was numbered as Execution Case No.6 of 2017. The aforesaid application is pending even today. In view of the same, he prayed that a mandamus be issued to the Court below to expedite the execution Case No.6 of 2017.
6. Heard learned counsel for the parties and perused the record.
From perusal of the record, it is clear that the judgement and decree was passed in favour of the petitioner by the Civil Judge (Senior Division) Bhadohi in Original Suit No.220 of 2002 on 18.11.2015. It is further revealed from perusal of the record that execution case is pending consideration in the Court of Civil Judge (Senior Division) Bhadohi since 2016. Although various orders were passed from time to time in the aforesaid case but till date no final decision has been taken by the Court below in the aforesaid execution case.
7. In the facts and circumstances and also in the interest of justice, the present writ petition is disposed of finally directing Civil Judge (Senior Division) Bhadohi to decide the Execution Case No.6 of 2017 filed by the petitioner as expeditiously as possible preferably within a period of six months from the date of production of certified copy of this order before the Court below if there is no legal impediment. The petitioner will not take any unnecessary adjournments in the aforesaid execution case.
8. With the aforesaid observations, the writ petition is disposed of.
Order Date :- 22.8.2019 saqlain