B. K. Gupta vs Judge Small Cause Court, Agra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1419

J. J. MUNIR
B. K. Gupta – Appellant
Versus
Judge Small Cause Court, Agra – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Swapnil Kumar.

Table of Content
1. the court addressed the procedural challenges in enforcing eviction. (Para 1 , 2)
2. background details confirmed the case for eviction, highlighting state non-compliance. (Para 3 , 4 , 5)
3. issues regarding police occupation of the property were central. (Para 6 , 7)
4. judicial failures highlighted through continuous state resistance. (Para 10 , 11 , 12)
5. legal ground for state obligations to execute decrees firmly established. (Para 13 , 14 , 15)

JUDGMENT :

J.J. MUNIR, J.

1. Heard Mr. Swapnil Kumar, learned Counsel for the petitioner and Mr. Neeraj Tripathi, learned Additional Advocate General assisted by Sri A.K. Trivedi, learned Standing Counsel appearing on behalf of the State.

2. This writ petition under Article 226 of the Constitution has engaged the attention of this Court regularly during the past twelve years. The transaction, out of which this writ petition has arisen, the cause of action involved and the relief claimed, are all very unusual and unconventional; but not without good reason.

3. The petitioner, who has prayed for the issue of a writ of mandamus, directing the Judge, Small Cause Court to ensure handing over of actual physical possession of the

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2023 Supreme(All) 1419

J. J. MUNIRB. K. Gupta – AppellantVersusJudge Small Cause Court, Agra – Respondent

Cases Referred (11)

J. J. MUNIR
B. K. Gupta – Appellant
Versus
Judge Small Cause Court, Agra – Respondent