Allahabad High Court

WRIC/17805/2026 of PRABHAWATI DEVI Vs STATE OF U.P. AND 22 OTHERS on 13 May 2026

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JUDICATURE AT ALLAHABAD WRIT - C No. - 17805 of 2026 Court No. - 36 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the parties and perused the record. 2. This petition has been filed for compliance of injunction order granted by the trial Court in proceedings under section 116 of

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 17805 of 2026

Court No. - 36

HON'BLE MANISH KUMAR NIGAM, J.

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1. Heard learned counsel for the parties and perused the record.

2. This petition has been filed for compliance of injunction order granted by the trial Court in proceedings under section 116 of the U.P. Revenue Code, 2006 in favour of the petitioner. According to the petitioner, the said order has not been complied with and is being violated.

3. Learned Standing Counsel has raised a preliminary objection that order passed under Section 116 of the U.P. Revenue Code, 2006 is an executable order as the provisions of C.P.C. are applicable to the proceedings under Section 116 of the U.P. Revenue Code, 2006 and petitioner has remedy of moving an application under Order 39 Rule 2A CPC. It has been further submitted by learned Standing Counsel that in view of the judgment of Division Bench of this Court in case of Manbhavati v. State of U.P. and others reported in 2020 1 AWC 789A and Writ C No. 7863 of 2018 (Brij Bhushan Rai v. State of U.P. and 6 others) the writ petition is not maintainable for execution of orders passed by Revenue Court.

4. In view of the same, I am not inclined to interfere in the matter.

5. Accordingly, the petition is disposed of with liberty to the petitioners to pursue the remedy, as available to him, under the law.

6. Certified copy of the orders, if any, be returned to learned counsel for the petitioner after retaining xerox copy of the same on record. May 14, 2026 Rishabh Versus Counsel for Petitioner(s) : Neeraj Singh, Pradeep Kumar Pandey Counsel for Respondent(s) : Azad Rai, C.S.C. (Manish Kumar Nigam,J.) Prabhawati Devi .....Petitioner(s) State Of U.P. And 22 Others .....Respondent(s) Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad

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