NA379/8/2026 of TARUN KUMAR AND 5 OTHERS Vs STATE OF U.P. AND 9 OTHERS

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. APPLICATION U/S 379 BNSS No. - 8 of 2026 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. Father of the applicant had instituted the partition suit under Section 176 of U.P.Z.A. & L.R. Act, now Section 116 of U.P. Revenue Code, 2006 against the co-sharers. 2. A preliminary decree was passed on 03.04.2013 and thereafter, final decree was prepared on 28.05.2014. Instead of getting the decree executed, the present applicant Tarun Kumar had filed Writ C No.42925 of 2024 which was dismissed on 07.07.2025 and following order was passed:- "This writ petition has been filed with the following prayers:- "i. TO ISSUE a writ, order or direction in the nature of mandamus commanding and directing the Respondents to remove the illegal encroachment on Government road Gata No.383 as well as illegal construction/ structure of "Pratisalya" and chak road, constructed on bhumidari land of Petitioners etc. i.e. Plot No.398/1C/ situated in village Pachgai, Tchsil & District Kasganj. ii. TO ISSUE a writ, order or direction in the nature of mandamus commanding and directing the Respondent No. 1 to decide the representation dated 12.11.2024 of the Petitioners (filed as Annexure No.15 to this writ petition) and grant compensation to the Petitioners for illegal possession over the Petitioner's property ie. Gata No.398/1C by the Public Works Department as well as Revenue Department, Kasganj; iii. TO ISSUE a writ, order or direction in the nature of mandamus commanding and directing the Respondents no 3 to 6 to decide the possession proceedings on Gata No.398/1C/ 0.057 in view of order dated 30.10.2024 passed by Sub Divisional Magistrate, Kasganj in partition Versus Counsel for Applicant(s) : Parth Sharma Counsel for Opposite Party(s) : G.A. Tarun Kumar And 5 Others .....Applicant(s) State Of U.P. And 9 Others .....Opposite Party(s) Suit No.08/2006 under Section 176 of U.P.Z.A & L.R. Act, 1950; within a specified period fixed by this Hon'ble Court.in the matter of Chandra Bali v/s Add. Commissioner and others dated 08 February, 2012 reported in Allahabad Daily Judgment 2012 (4) ADJ 13." Prayers made in the writ petition cannot be granted. Writ petition is misconceived and stands dismissed. "  3. Thereafter, Tarun Kumar had approached Hon'ble Apex Court through Special Leave to Appeal No.24072 of 2025 which was dismissed on 04.09.2025, however, a liberty was given to the applicant to file a comprehensive suit if so advised. 4. It appears that after the dismissal of the SLP, the applicant had approached the court of Sub Divisional Officer, Kasganj and had filed an application on 11.09.2025 wherein a prayer was made for removing the encroachment standing over Gata No.383 and 398.  5. During pendency of the said application, proceedings under Section 379 of BNSS Act 2023 have been initiated against the opposite party.  6. This Court after hearing counsel for the applicant and perusing the material on record, finds that the applicant had mixed up two issues one for getting the decree executed passed in proceedings under Section 116 of U.P. Revenue Code, 2006 (formerly proceedings under Section 176 of U.P.Z.A. & L.R. Act), and the other for getting the encroachment removed. 7. This Court finds that no application under Section 379 of BNSS Act is maintainable. Applicant to proceed with the application filed before the Sub- Divisional Officer pursuant to the judgment of Hon'ble Apex Court and get his decree of 2014 executed. 8. Application stands dismissed.  May 7, 2026 SK Goswami NA379 No. 8 of 2026 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad