Allahabad High Court
UMESHANKAR SHUKLAversusSTATE OF U.P. AND 6 OTHERS
- Decided
Holding
The petitioner must seek execution of the decree and cannot obtain relief under the writ jurisdiction of Article 226.
Summary
The petitioner, Umeshankar Shukla, filed a writ petition under Article 226 of the Constitution seeking protection of his possession rights under a decree dated 21 May 2025 in Original Suit No. 122 of 2026. The High Court examined whether the petitioner could obtain relief through a writ or should instead pursue execution of the decree. The Court observed that the appropriate remedy is to apply for execution of the decree rather than a writ of mandamus or prohibition. Consequently, the petition was not entertained on its merits and was consigned to the records. The judges directed the petitioner to approach the appropriate forum for decree execution.
Issues considered
- What relief, if any, is available to the petitioner under Article 226 for enforcement of a decree granting possession?
Legislation cited
- Constitution of India — s. Article 226
Subjects
- Article 226
- decree execution
- possession
- writ petition
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37528 of 2026
Umeshankar Shukla
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Mohan, Sanjay Dubey
Counsel for Respondent(s) : C.S.C.
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE SIDDHARTH NANDAN, J.
Heard learned counsel for the petitioner as well as learned Standing Counsel.
By means of this petition filed under Article 226 of the Constitution,
petitioner wants protection of his rights as to the possession under the lawful
decree passed by the court of competent jurisdiction dated 21.05.2025 in
Original Suit No. 122 of 2026.
In our considered view, petitioner should apply for execution of the decree,
if so advised.
Subject to aforesaid liberty, this petition is consigned to records.
(Siddharth Nandan,J.) (Ajit Kumar,J.)
September 18, 2026
IrfanUddin
Digitally signed by :-
IRFAN UDDIN SIDDIKI
High Court of Judicature at Allahabad
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