Court No. - 1
Case :- WRIT - C No. - 25980 of 2020 Petitioner :- Lal Bahadur Singh Respondent :- Additional District Magistrate And 14 Others Counsel for Petitioner :- Narayan Dutt Shukla,Sr. Advocate(Sri R.C. Singh ) Counsel for Respondent :- C.S.C.
Hon'ble Vivek Agarwal,J.
Heard Sri Naraya Dutt Shukla, learned counsel for the petitioner and learned Standing Counsel.
Learned counsel for the petitioner submits that petitioner is aggrieved of the fact that the order dated 17.09.2019 passed by Additional District Magistrate (Finance/Revenue) Kushinagar passed in Case No. 01213/2018 computerized No. D201805440001213 registered under Section 122-C (6) of the U.P.Z.A. &L. R. Act, 1950 is not executed by the revenue authorities.
Learned counsel for the petitioner submits that there is a provision under Section 341 of the Act of 1950, which provides that Code of Civil Procedure will be applicable to the proceedings under the Act. It is also provided that if a different procedure is contemplated under the U.P.Z.A. & L. R. Rules then procedure under C.P.C. would not be applicable. However, learned counsel for the petitioner has not shown any rules for execution of the orders passed on an application under provision of this Act, 1950. Therefore, by implication provision of C.P.C. will be applicable and it is open to the petitioner to seek execution of the order.
In view of the aforesaid liberty, petition is not maintainable and it is accordingly, dismissed.
Order Date :- 7.1.2021 Pr/-