Petitioner complained non-implementation of protection order. Court noted order was actually executed on 19.11.2023 per State counsel. Dispute settled; petition dismissed as infructuous.
Writ petition dismissed as infructuous in light of admission of execution by learned Standing Counsel for the respondent.
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.
Neutral Citation No. - 2023:AHC:219972-DB
Court No. - 39
Case :- WRIT - C No. - 33650 of 2023
Petitioner :- Ram Gopal Gupta Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mukesh Kumar Counsel for Respondent :- CSC
Hon'ble Saumitra Dayal Singh,J. Hon'ble Shiv Shanker Prasad,J.
"1. Upon written instructions, Shri Mukul Tripathi, learned Standing Counsel states that according to the respondent, the order dated 19.07.2022 could not be implemented, till date for twin reasons of review application having been filed by the respondent and for reason of his continued absence from the premises.
2. The above stand being taken by the State is surprising. In the first place, it is doubtful if a review application may be maintainable, on merits and it is further doubtful if execution proceedings may be delayed solely for reason of pendency of such a review application when undisputedly there is no interim order operating. Third, it is equally surprising that the respondent-State has failed to execute the order solely because the private-respondent, who stands in the shoes of a judgement debtor, is not cooperating. Coercive measures are available to the State-respondents to be adopted to execute the orders passed by the authorities vested with the competent jurisdiction.
3. Accordingly, one last opportunity is granted to the respondent no. 2 to act in accordance with law keeping in mind the observation made above.
4. Put up as fresh on 21.11.2023.
5. Failing execution of the impugned order, the respondent no. 2 shall file his personal affidavit to explain the legal impediment in executing the order dated 19.07.2022."
the order dated 19.07.2022 has been executed on 19.11.2023 and the possession of the petitioner has been secured.
Order Date :- 21.11.2023 Abhilash
(Shiv Shanker Prasad, J.) (S. D. Singh, J.)
Digitally signed by :- ABHILASH SINGH High Court of Judicature at Allahabad
Ram Gopal Gupta
State Of U.P.
Saumitra Dayal Singh
Shiv Shanker Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
