Court No. - 38
Case :- WRIT - C No. - 40860 of 2018 Petitioner :- Prema Devi And Another Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Anil Tiwari,Taniya Pandey Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard Ms. Taniya Pandey and Sri Anil Tiwari, learned counsel appearing for the petitioners, Sri Kartikey Saran, leaned counsel for the respondent no.3 and learned Standing Counsel for the respondent nos. 1 and 2.
By means of this writ petition, the petitioners have come to this Court with the prayer that in Civil Appeal No. 46 of 2006, the Additional District Judge, Allahabad has passed a decree on 28.08.2006 directing the authorities to allot a particular piece of land to the petitioners between Kali Road and Triveni Road for the Magh Mela.
It is submitted that since then the authorities had been allotting that piece of land for every Magh Mela and even last Kumbh Mela they were allotted the same land. The petitioner again applied for allotment of the said land, but no order has been passed.
Sri Kartikey Saran, learned counsel appearing for the respondent no.3 and learned Standing Counsel appearing for the State respondents have pointed out that the decree in civil appeal, this Court cannot assume jurisdiction to execute that decree, for that purpose they have to approach the Trial court.
Be that as it may, since the petitioners' application is still pending and the fact is not disputed that since 2006 every year they had been allotted this land. Therefore, it would be appropriate to direct the respondent no.3 to consider the application of the petitioner and pass appropriate orders, in accordance with law, as far as possible within a period of fifteen days from today.
With the aforesaid direction, this writ petition is finally disposed of.
Order Date :- 19.12.2018 Lbm/-
(Vivek Varma,J.) (Abhinava Upadhya,J.)