Allahabad High Court
RAM SOORAT MISHRAversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
A writ of mandamus cannot be issued for execution of a decree under Section 116 of the U.P. Revenue Code, 2006; the petitioner must file a separate execution proceeding.
Summary
The petitioner, Ram Soorat Mishra, filed a writ petition seeking a mandamus directing the State authorities to grant possession of plot No. 454M in Prayagraj, based on a decree passed by a Sub‑District Magistrate under Section 116 of the Uttar Pradesh Revenue Code, 2006. The decree had been appealed by the private respondents and no interim order was granted, leaving the decree unexecuted. The petitioner argued that the authorities had failed to comply with the decree despite his application for possession. The Court observed that the decree’s execution cannot be obtained through a writ petition but must be pursued through a proper execution proceeding under the Revenue Code. Consequently, the writ petition was dismissed with a direction to initiate appropriate execution proceedings. The order was pronounced by Justice Chandra Kumar Rai on 14 September 2026.
Issues considered
- Whether a writ of mandamus can be issued to compel the execution of a decree passed under Section 116 of the U.P. Revenue Code, 2006 while an appeal is pending.
Legislation cited
- U.P. Revenue Code, 2006 — s. 116
Subjects
- mandamus
- execution of decree
- U.P. Revenue Code
- Section 116
- possession
- writ petition
- appeal pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 30344 of 2026
Ram Soorat Mishra
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Brij Kishore Pandey
Counsel for Respondent(s) : C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Mr. Brij Kishore Pandey, learned counsel for the petitioner and
Mr. Awadesh Kumar Patel, learned Standing Counsel for the State.
2. The instant writ petition has been filed for following relief:
i) Issue a writ order or direction in the nature of mandamus directing to
the respondent authorities to provide the possession to the petitioner over
Arazi No.. 454M situated at Mauza-Singaramau, Pargana Sikandara,
Tehsil-Phoolpur, District Prayagraj as per order passed by Sub District
Magistrate, Tehsil-Phoolpur, District Prayagraj, under Section 116 of
U.P. Revenue Code-2006.
2. Learned counsel for the petitioner submitted that judgment/ decree has
been passed by trial court in the suit under Section 116 of U.P. Revenue
Code-2006. He further submitted that appeal has been filed by private
respondent in which no interim order has been granted. He further
submitted that the order passed by trial court has not been complied with
in respect to plot no. 454M. He further submitted that the petitioner filed
an application before the authority for possession of the one of the plot
no. 454M but no steps has been taken by the authority.
3. I have considered the arguments advanced by learned counsel for the
petitioner and perused the record.
4. There is no dispute about the fact that the judgment/order/decree has
been passed in the suit under Section 116 of the U.P. Revenue Code-2006
WRIC No. 30344 of 2026
2
and appeal filed by private respondent is pending before the appellate
court.
5. It is material to mention that petitioner is actually praying for
implementation/execution of judgment/order/decree passed in the
proceeding under Section 116 of U.P. Revenue Code 2006 which can not
done by moving misc. application before the authorities rather petitioner
should initiate proper proceeding for implementation/execution of the
final judgment/order/decree passed in the suit under Section-116 of U.P.
Revenue Code 2006.
6. Considering the entire facts and circumstances of the case, the instant
writ petition is finally disposed of with observation that proper proceeding
for implementation/execution of the final judgment/order/decree passed
under Section 116 of U.P. Revenue Code 2006 can be initiated in
accordance with law.
(Chandra Kumar Rai,J.)
September 14, 2026
v.k. updh.
Digitally signed by :-
VINOD KUMAR UPADHYAY
High Court of Judicature at Allahabad
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