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2025 DAILYLAW 111751 (ALL)

SMT LADBAI v. STATE OF U.P. AND 4 OTHERS

WRIC/42220/2024 · 2025-05-06

Manish Kumar Nigam

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:76036 Court No. - 35 Case :- WRIT - C No. - 42220 of 2024 Petitioner :- Smt Ladbai Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Durga Prasad Singh Counsel for Respondent :- C.S.C.,Deepak Gaur Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed seeking following relief :- "issue a writ, order or direction in the nature of mandamus directing the respondent No. 2, Sub Divisional Magistrate, Tehsil-Madawara, District- Lalitpur to mutate the name of petitioner along with co-sharer on the aforesaid araji No. in place of the name of deceased Dayaram in pursuance of the will deed dated 30.12.2021 taking a follow up action as per pronouncement of the Judgment and order dated 10.05.2024 passed by the Division Bench of this Hon'ble Court in similar case b) issue a writ, order or direction in the nature of mandamus directing the respondent No. 2, Sub Divisional Magistrate, Tehsil-Madawara, District- Lalitpur to decide the case No. 1893/2022 as Computerized case No.T202206450701893 as per the Judgment and order dated 10.05.2024, is pending before them till now since 2022. c) issue a writ, order or direction in the nature of mandamus directing the respondent No. 2, Sub Divisional Magistrate, Tehsil-Madawara, District- Lalitpur not to interfere in the peaceful possession of the petitioner along co sharer.." 3. Learned counsel for the petitioner prayed that prayer no.(i) be dismissed as not pressed. 4. Accordingly, prayer no.(i) (quoted above) is dismissed as not pressed. 5. So far as prayer nos.(ii) & (iii) are concerned, learned counsel for the petitioner submitted that the above-mentioned case is pending consideration and the same has not been decided till date. Learned counsel prayed that the same may be decided, expeditiously. 4. Since the above-mentioned case is pending, no useful purpose would be served in keeping this petition pending. 5. In view of the above, this writ petition stands disposed of with a direction to respondent No.2 to decide the above-mentioned case, in accordance with law, expeditiously, preferably within six months from the date of production of a certified copy of this order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties as well as giving a reasonable opportunity of leading evidence in respect of their case provided there is no other legal impediment. Order Date :- 7.5.2025/Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad