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2025 DAILYLAW 108664 (ALL)

SMT KAMLESH AND ANOTHER v. State of UP AND 9 OTHERS

WRIC/39389/2024 · 2025-02-19

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:24878 Court No. - 34 Case :- WRIT - C No. - 39389 of 2024 Petitioner :- Smt Kamlesh And Another Respondent :- State Of Up And 9 Others Counsel for Petitioner :- Manish Kumar Pathak Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant writ petition has been filed for following relief: "A) to issue writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the Partition Suit No. 42 of 2008 (Smt. Kamlesh & Another Versus Mahendra Singh (D) & Others) filed under Section 176 of U.P. Z.A. & L.R. Act, within time bound period as fixed by this Hon'ble Court." 3. Contention of the learned counsel for the petitioners is that the aforesaid partition suit is pending since 2008 before respondent no.2 for adjudication. He prayed that the same may be decided expeditiously. 4. No useful purpose would be served in keeping this petition pending. 5. The present petition stands disposed of finally with a direction to the respondent No. 2, Sub Divisional Officer, Mahawan, District-Mathura to consider and decide the aforementioned suit of the petitioner, in accordance with law, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order after ensuring service upon all the respondents, after giving opportunity of hearing to the parties concerned and after giving a reasonable opportunity of leading evidence in respect of their case provided that there is no other legal impediment. Order Date :- 20.2.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad