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IN THE HIGH COURT OF ALLAHABAD
Jaspreet Singh
Seth Radheshyam Memorial Trust, Lko. Thru. Its Trusty /Chairman Prateek Jindal – Appellant
Versus
tate Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. – Respondent
| Table of Content |
|---|
| 1. petitioners seek to enforce prior decree. (Para 3 , 4 , 5 , 6) |
| 2. respondents argue against claims and implementation. (Para 7 , 8 , 9 , 10) |
| 3. court finds competing claims and ongoing proceedings. (Para 11 , 12 , 13 , 14) |
| 4. petition dismissed; recourse allowed if necessary. (Para 15) |
JUDGMENT :
Jaspreet Singh, J.
1. Heard the learned counsel for the petitioners and the learned Standing Counsel for the State respondents.
2. In pursuance of the order passed by the Court on 17.01.2025, the Sub Divisional Magistrate, Sadar, Lucknow Shri Saurabh Singh is present alongwith the original records.
3. The petitioners have filed the instant petition seeking the following reliefs:-
(i) Issue a writ, order or direction in the nature of mandamus, commanding the opposite party no.3 to execute the order dated 11.10.2018 passed by him in Case No.RST/03112/2018, computer No.D-201810460003112, Seth Radheshyam Memorial Trust and others Vs. Zakir Ali and others under Section 176 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, contained in annexure no.5 to this writ petition.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no.4 take ac
A writ for mandamus cannot be issued to enforce a partition order when there are unresolved disputes regarding encroachment and the order is under review.
The court emphasized the necessity for factual determination before issuing a writ of mandamus for demarcation or measurement, and declined to interfere in the absence of such determination.
A party's acceptance of a report without timely objection precludes later challenges, establishing principles of estoppel in land partition disputes.
The executing court cannot go beyond the terms of the decree and must interpret the decree in a manner that gives true effect to it. It cannot draw a new decree and must strike a balance while giving....
Revenue authorities must implement partition decrees by issuing separate pattas following execution proceedings.
The High Court confirmed rights established under a 1955 partition decree, emphasizing that the execution of civil court judgments must be respected without unauthorized administrative interference.
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