Court No. - 29
Case :- WRIT - C No. - 19414 of 2018 Petitioner :- Satya Narayan Singh Respondent :- Rajwant And 11 Others Counsel for Petitioner :- Om Prakash Mishra Counsel for Respondent :- C.S.C.,Prakash Padia
Hon'ble Krishna Murari,J. Hon'ble Ashok Kumar,J.
The petitioner has approached this Court seeking the following main reliefs.
"i. Issue a writ order or direction in the nature of mandamus directing the respondent nos. 7 to 10 to make a compliance of order dated 04.12.2017 passed by Additional Commissioner Allahabad (Administration) Division, Allahabad in appeal no. C201702001370 of 2017 (Satya Narayan Vs. Rajwant and others).
ii. Issue a writ order or direction in the nature of mandamus directing the respondent nos. 7 to 10 to take action against the running construction over the disputed land.
iii. Issue any writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case to meet the ends of justice.
iv. Award cost of writ petition in favour of petitioner."
The aforesaid reliefs are being claimed in the background of the fact that the petitioner and the contesting respondent nos. 1 to 6 are co-sharers of the disputed property. A suit for partition was filed by respondent nos. 1 and 2 herein under Section 116 of the U.P. Revenue Code, which is alleged to have been decreed, against which an appeal was preferred before the first appellate court under Section 207 of the said Code.
The grievance of the petitioner is that despite interim order passed in their favour, the respondents are violating the same and, thus, the same should be enforced by this Court by issuing a mandamus.
By virtue of Section 214 of the Code, the provisions of Code of Civil Procedure and Limitation Act are made applicable to every suit, application or proceedings under the Code, unless they are expressly excluded.
In such view of the matter, the provisions of Order 39 Rule 2A C.P.C. are applicable in proceedings pending before the Revenue court and, in case, there is violation of any injunction, it is always open to the petitioner to approach the same court raising the grievance. This Court while exercising power under Article 226 of the Constitution of India, cannot act as an executing court of the order passed by the subordinate courts and, thus, the relief claimed for is not liable to be granted.
The writ petition, accordingly, fails and stands dismissed.
Order Date :- 28.5.2018 VKS