Court No. - 19
Case :- WRIT - A No. - 935 of 2019 Petitioner :- Lajpat Rai Respondent :- Prescribed Authority/ Civil Judge (Sr.Div.), FTC Allahabad And 5 Others Counsel for Petitioner :- Ashish Agrawal Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
The instant petition has been filed for the following relief : -
"I. Issue a writ order or direction in the nature of Mandamus commanding the respsondents No. 3, 4 and 5 to ensure the deliver of possession forthwith of the property in question (house No. 12A (Old), 51 (New), Moti Lal Nehru Road, Bilvedier Press Compound, Allahabad) in pursuance of the order dated 15.12.2018 passed by the Executing Court in MPA Case No. 16 of 2016 (Lajpat Rai V/s Vijay Kumar) and the Parwana Dakhal dated 22.12.2018 by Prescribed Authority, issued in exercise of powers under Section 23 of the U.P. Urban Building (Regulation of Letting, Rent and Eviction), Act, 1972, within such time as so granted by the Hon'ble Court."
The case of the petitioner is that a release order passed in his favour dated 27.7.2013 in P.A. Case No. 3/2003 is under execution in Execution Case No. 16/2016 and despite issuance of writ of possession by the Executing Court by order dated 15.12.2018, the petitioner has not been able to obtain possession, in view of the procedural hassles at the end of the administrative authorities.
In the opinion of the Court, in case, the administrative authorities are not acting properly to ensure execution of the writ of possession, it is open to the petitioner to apprise the said fact to the Executing Court and in which event, this Court hopes and trust that the Executing Court will take all remedial measures to ensure compliance of its own order.
The petition stands disposed of with the above observation.
(Manoj Kumar Gupta, J.) Order Date :- 21.1.2019 AM/-