RAM KEWAL v. STATE OF U.P. THRU. DISTT. MAGISTRATE SULTANPUR AND 9 OTHERS
WRIC/548/2025 · 2025-01-21
Manish Kumar, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 117677 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117677 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:3811-DB Court No. - 2 Case :- WRIT - C No. - 548 of 2025 Petitioner :- Ram Kewal Respondent :- State Of U.P. Thru. Distt. Magistrate Sultanpur And 9 Others Counsel for Petitioner :- Rajesh Kumar Shukla,Anshu Rai Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J.
1. Considering the order proposed to be passed, issuance of notice to private opposite parties no. 3 to 9 is dispensed with.
2. Heard learned counsel for the petitioner, learned standing counsel for the State and Mr. Mohan Singh, learned counsel for the opposite party no. 10 - Gaon Sabha.
3. The Sah-Khatedars, who are private opposite parties no. 3 to 9 herein, have initiated proceedings for division of holding by metes and bounds which is pending. During its pendency, the petitioner, who is also a Khatedar of the same Gata bearing No. 100 situated at Village Aslahuddnpur, Pargana Aldeymau, Tehsil Kadipur, District Sultanpur, moved an application for being permitted to undertake construction which is pending.
4. We direct the Sub Divisional Magistrate, Kadipur, District Sultanpur to dispose of the proceedings under Section 116 of the U.P. Revenue Code, 2006 at the earliest, taking into consideration the fact that the petitioner has been found eligible for benefit under the Mukhyamantri Awas Yojna Scheme and the private opposite parties who have initiated the partition are creating hindrance in such construction being undertaken on account of pendency of the said proceedings. The said proceedings shall be completed within three months unless there is any legal impediment in which it shall be mentioned in the order-sheet. The entitlement of the petitioner under the aforesaid scheme shall not be foreclosed merely on account of lapse of time.
5. The petition is disposed of. [Manish Kumar, J.] [Rajan Roy, J.] Order Date :- 21.1.2025 Santosh/- Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench