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2025 DAILYLAW 11419 (ALL)

SUNIL SHARMA v. STATE OF U.P. AND 3 OTHERS

WRIC/2461/2025 · 2025-02-11

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20040 Court No. - 34 Case :- WRIT - C No. - 2461 of 2025 Petitioner :- Sunil Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Prakash Kureel,Sarvesh Kumar Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. This petition has been filed for the following relief: "i) Issue a writ, order or direction in the nature of Mandamus directing the respondent no. 2 to pass appropriate order on the application dated 21.12.2024 filed by petitioner. ii) Issue a writ, order or direction in the nature of Mandamus directing the respondent no. 2 to restrain the respondent no. 4 not to create any obstruction over the Plot of Khata No. 1017 area 0.0380 hectare during the pendency of Suit No. T- 202111268209428/2021." 2. From the perusal of the averments made in the writ petition as well as representation which is sought to be decided, it appears that dispute of the petitioner is with private respondent no. 4. It is also apparent that there is partition suit pending between the parties. 3. In case,the petitioner is aggrieved by any of the action of respondent no. 4, he has remedy of filing an application for interim relief in proceedings 116 of U.P. Revenue Code, which are alleged to be pending before the court below. 4. In view of these facts, I am not inclined to interfere with the matter. 5. Accordingly, the writ petition is disposed of with liberty to the petitioner to move appropriate application for redressal of his grievance in pending proceedings under Section 116 of U.P. Revenue Code, 2006. 6. In case, the petitioner moves such application, the same shall be considered and decided in accordance with law after giving opportunity of hearing to all the concerned parties. Order Date :- 11.2.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad