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Allahabad High Court

VIKAS MANI TRIATHIversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The High Court directs the respondents to consider and decide the pending applications within six weeks, after hearing, in accordance with the 12‑04‑2019 order.

Summary

The petitioner, Vikas Mani Tripathi, filed a writ petition seeking a direction to the State authorities (respondents 2 and 3) to consider and decide two applications dated 20‑08‑2020 and 02‑02‑2021, which sought implementation of a prior judgment dated 12‑04‑2019 in Writ‑C No. 7582 of 1996 concerning revenue records. The petitioner alleged that despite the earlier judgment attaining finality, the required corrections in the revenue records had not been made and the applications remained pending despite repeated reminders. The Court examined the grievance and found it limited to the non‑consideration of those pending applications. Consequently, the Court disposed of the petition, directing the respondents to adjudicate the pending applications, along with any reminders, within six weeks of receiving a certified copy of the order, after affording a hearing and issuing a reasoned order in line with the 2019 judgment. The direction aims to enforce the earlier court order and prevent further prejudice to the petitioner and other legal heirs.

Issues considered

  • Whether the High Court can direct administrative authorities to consider and decide pending applications for implementation of its earlier judgment
  • Whether the delay in implementing the 2019 order violates the petitioner's right to enforcement of a final judgment

Subjects

  • Writ petition
  • Implementation of judgment
  • Revenue records
  • Administrative delay
  • Enforcement of court order
  • Reasoned order

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

                       WRIT - C No. - 25878 of 2025

Vikas Mani Triathi
                                                                .....Petitioner(s)
                                    Versus
State Of U.P. And 2 Others
                                                              .....Respondent(s)

Counsel for Petitioner(s)        : Arun Kumar, Ashish Kumar Mishra,
                                   Radhe Shyam Dubey
Counsel for Respondent(s)        : C.S.C.

Court No. - 37
                     HON'BLE VINOD DIWAKAR, J.

1. Heard learned counsel for the petitioner, learned Standing Counsel for the
State, and perused the record.

2. The present petition has been filed seeking a direction to respondent nos.
2 and 3 to consider and decide the applications dated 20.08.2020 and
02.02.2021 submitted by the petitioner and other legal heirs of late Dhanesh
Mani Tripathi, for ensuring implementation of the judgment and order dated
12.04.2019 passed by this Court in Writ-C No. 7582 of 1996, in the relevant
revenue records.

3. Learned counsel for the petitioner submits that despite the aforesaid
judgment having attained finality, the necessary corrections/mutations in the
revenue records have not been carried out. It is further submitted that the
petitioner and other heirs have repeatedly approached the competent
authority by filing the aforesaid applications and reminders, but the same
have not been decided till date. It is contended that the inaction on the part of
the authorities in implementing the order of this Court defeats the very
purpose of the judgment and causes continuous prejudice to the petitioner.

4. Having considered the submissions advanced and upon perusal of the
record, this Court finds that the grievance of the petitioner is confined to the
non-consideration of the pending applications seeking implementation of the
earlier judgment of this Court.

5. In view of the aforesaid, the present petition is disposed of with a
direction to respondent nos. 2 and 3 to consider and decide the petitioner's
                                                                                           WRIC No. 25878 of 2025
                                                                   2


                                    applications dated 20.08.2020 and 02.02.2021, along with any reminders
                                    submitted in that regard, expeditiously, preferably within a period of six
                                    weeks from the date of receipt of a certified copy of this order. While doing
                                    so, the authorities shall take into consideration the order dated 12.04.2019
                                    passed in Writ-C No. 7582 of 1996 and shall pass a reasoned and speaking
                                    order after affording due opportunity of hearing to all concerned parties.

                                    April 20, 2026
                                    Anil K. Sharma
                                                                                            (Vinod Diwakar,J.)




Digitally signed by :-
ANIL KUMAR SHARMA
High Court of Judicature at Allahabad


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