Neutral Citation No. - 2024:AHC-LKO:59721-DB
Court No. - 3
Case :- WRIT - C No. - 7440 of 2024
Petitioner :- Sachin Kumar
Respondent :- Sub Divisional Magistrate Tehsil Kunda
Distt. Pratapgarh And Another
Counsel for Petitioner :- Amitabh Kumar Tripathi,Abhay
Kumar Pandey,Ashish Kumar Shukla,Durgesh Kumar
Tiwari,Ram Pratap Yadav
Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Brij Raj Singh,J.
Heard learned counsel for the petitioner and learned
Standing Counsel, who appears on behalf of the State-
respondents.
This petition has been filed with the following main
prayer:-
"Issue a writ, order or direction in the nature of
mandamus thereby commanding and directing opposite
party no.1 i.e. Sub Divisional Magistrate, Tehsil- Kunda,
District-Pratapgarh to ensure the strict compliance of his
order dated 22.03.2024 with the help of police force of
lock Police-Station-Nawabganj District- Pratapgarh, in
the interest of justice."
It is the case of the petitioner that the petitioner has filed a
Partition Suit, registered as Case No. 2936 of 2024 under
Section 116 of the U.P. Revenue Code,2006 in the Court
of SDM, Kunda, Pratapgarh and an interim order for
maintaining the status quo was passed on 22.03.2024.
However, the private parties are disturbing the possession
of the petitioner over the property in dispute. The
petitioner has made several representations in this regard
to the authorities but no heed has been paid,hence this
writ petition has been filed.
We have gone though the interim order dated 22.03.2024.
The petitioner has statutory remedy of filing an application
under Para 460 of the U.P. Revenue Court Manual before
the authority concerned for compliance of the order
passed by SDM, if any, in existence.
The writ petition is disposed of accordingly.
.
(Brij Raj Singh, J.) (Sangeeta Chandra,J.)
Order Date :- 31.8.2024
dk/
Digitally signed by :-
DEVENDRA KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench