Court No. - 6

Case :- WRIT - C No. - 19686 of 2022

Petitioner :- Smt. Maheshwari Devi

Respondent :- State Of U.P. And 11 Others

Counsel for Petitioner :- Ram Sanehi Yadav

Counsel for Respondent :- C.S.C.,Krishna Kant Singh

Hon'ble J.J. Munir,J.

A final decree dated 02.05.2018 in a partition suit being O.S.

No. 1535 of 2017 has been passed by the Sub Divional

Officer/Assistant Collector, 1^st Class, Sadar, Sikandra Rao,

Hathras. The petitioner complains that the said decree is not

being executed. From the record, it appears that the Sub

Divisional Officer, Sikandra Rao has issued a dakhal parwana

through Memo No. 526/reader dated 30.12.2021, which from its

tenor, is a letter issued on the administrative side.

The Collector and the Assistant Collector, though they are

laymen and untrained in the law, ought to know that a decree

passed in a suit can be executed in accordance with the

provisions of the U.P. Revenue Code, 2006 or the Code of Civil

Procedure, as the case may be. An execution case has to be

registered on an application made and the process of execution

has to follow. The Collector and the Assistant Collector would

both be mindfu