Court No. - 7

Case :- WRIT - C No. - 29870 of 2022

Petitioner :- Vedpal Singh

Respondent :- State Of U P And 4 Others

Counsel for Petitioner :- Rakesh Kumar Singh

Counsel for Respondent :- CSC

Hon'ble Chandra Kumar Rai,J.

Heard Counsel for the petitioner and learned Standing

Counsel for State-respondents 1 to 5.

The instant writ petition has been filed praying for a

mandamus directing respondent No.3, Deputy

Collector/Sub-Divisional Magistrate, Mawana, District

Meerut to decide the execution application filed by the

petitioner for execution of judgment and decree dated

26.09.2019/ 28.09.2019 within stipulated period. A prayer

has also been made that necessary direction be issued

for delivery of possession to the petitioner according to

the judgment and decree of the Courts below which has

attained finality.

Counsel for the petitioner submitted that the aforesaid

execution application filed by petitioner on 04.11.2019 is

pending before respondent No.3 for adjudication. He

further submitted that during pendency of the execution

application, the second appeal filed by the contesting

respondent before the Board of Revenue has been

dismissed vide order dated 17.10.2022 and the judgment

of the Trial Court as well as Lower Appellate Court has

been affirmed. He further submitted that petitioner has not

received any notice from this Court with respect to filing of

any writ petition against the order of the Courts below. He

submitted that necessary direction be issued for decision

of the execution application filed by the petitioner in the

year 2019.

I have considered the arguments advanced by learned

Counsel for the petitioner and perused the record.

As the execution application filed by the petitioner is

pending before the respondent No.3 since 2019 and if

there is no interm order of any Court against the orders of

the Courts below regarding which the execution case has

been filed, the respondent No.3, Deputy Collector/Sub-

Divisional Magistrate, Mawana, District Meerut shall

proceed to decide the execution application filed by

petitioner and decide the same in accordance with law,

expeditiously and preferably within a period of three

months from the date of production of certified copy of

this order after giving opportunity of hearing to the parties

concerned and without granting unnecessary

adjournments to either of the parties.

With the aforesaid direction, the writ petition stands

disposed of.

Order Date :- 20.1.2023

Vandana Y.

Digitally signed by :-

VANDANA YADAV

High Court of Judicature at Allahabad