Writ petition challenging interference with land possession pending application before respondents 2-4. Court rejected prayer for restraining order, noted civil court enforces its own decree, and disposed of petition.
None; prayer for mandamus rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 40
Case :- WRIT - C No. - 33841 of 2021
Petitioner :- Sona Devi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Parvesh Kumar Pandey,Sarvesh Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
The instant writ petition has been filed praying for a mandamus commanding the respondents not to interfere with the possession and enjoyment over the land of the petitioner bearing Arazi No.225 area 0.3640 hectare, situated in village Karnau (Baldevo), Post Office Baldev, Tehsil Mahawan, District Mathura, till the disposal of application stated to have been filed by the petitioner before respondents 2 to 4.
The case of the petitioner is that she is recorded Bhumidhar of the subject land. The petitioner had instituted civil suit against respondent No.6 bearing No.469 of 2005 and which was decreed exparte on 13.2.2007 and a permanent injunction was granted in favour of the petitioner restraining respondent No.6 from interfering in the possession of the petitioner over the suit property. It is alleged that despite the said decree, respondents 5, 6 and 7, who are all family members, are forcibly carving out a passage from the petitioner's land. The petitioner had therefore filed an application before the Tehsildar to ensure compliance of the decree passed by the civil court.
The decree is enforceable by the civil court which has passed the same and not by Tehsildar.
Consequently, we leave it open to the petitioner to take appropriate steps in accordance with law for enforcement of the
decree passed by the civil court, if so advised. However, there is no good ground to grant the relief as prayed for in the instant petition.
Subject to the above observation, the petition stands disposed of.
(Dr. Y.K. Srivastava, J.) (Manoj Kumar Gupta, J.) Order Date :- 3.1.2022 skv
Digitally signed by Manoj Kumar Digitally signed by YOGENDRA Gupta KUMAR SRIVASTAVA Date: 2022.01.03 16:58:27 IST Date: 2022.01.03 16:59:30 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad
3 issues framed by the court
Whether a mandamus should be issued to restrain respondents from interfering with the petitioner's possession of land pending enforcement of a civil decree.
Whether the Tehsildar is competent to ensure compliance of a civil court decree.
Whether the petitioner has any ground to grant relief sought in the writ petition.
Sona Devi
State Of U.P.
Manoj Kumar Gupta
Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
