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2025 DAILYLAW 105347 (ALL)

SITA DEVI v. STATE OF U.P. AND 6 OTHERS

WRIC/35884/2024 · 2025-07-16

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115831 Court No. - 34 Case :- WRIT - C No. - 35884 of 2024 Petitioner :- Sita Devi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Kailash Nath Singh Counsel for Respondent :- Bal Krishna Yadav,C.S.C.,Manish Kumar Yadav Hon'ble Rohit Ranjan Agarwal,J. 1. Instructions have come which are taken on record. 2. This writ petition has been filed with the following prayer:- "i) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to demarcate and deliver the possession over the share of petitioner in plot no.90/1.441 and 139/0.101 hectare situated in Village Parsupur, Pargana Ghisua, Tehsil Machhlishehar, District Jaunpur, in pursuance of the order dated 30-9-2023 passed in Case No.2027/2023 (Sita Devi vs. Bihari Lal) u/s 116 of U.P. Revenue Code-2006, within stipulated time as directed by this Hon'ble Court (Annexure No. 1 to the writ petition.)" 3. It is contended by learned counsel for the petitioner that partition suit filed under Section 116 of U.P. Revenue Code, 2006 has already been decided in the year 2023 but till date the order has not been complied. 4. Learned counsel for the petitioner submits that in para no. 18 of the writ petition, it has been specifically averred that no appeal or revision has been preferred against the partition decree. 5. Learned Standing Counsel informs that a restoration application has been filed by one of the co-shares in the partition suit which is pending consideration. 6. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon officer concerned to decide the restoration application pending in Case No.2027/2023 (Sita Devi vs. Bihari Lal), in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order. 7. With the aforesaid directions, writ petition stands disposed of. 8. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 17.7.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad