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2025 DAILYLAW 120802 (ALL)

RAM SURAT DUBEY v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND 4 OTHERS

WRIC/924/2025 · 2025-02-04

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7123-DB Court No. - 2 Case :- WRIT - C No. - 924 of 2025 Petitioner :- Ram Surat Dubey Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 4 Others Counsel for Petitioner :- Raj Kumar Singh Counsel for Respondent :- Ccs Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard. 2. A suit for division of holding is pending between the petitioner and the respondent No.5 and during its pendency it is alleged by the petitioner that the respondent No.5 is making some construction, if it is so, the remedy lies before the court where the suit for division of holding is pending, even if, by way of interim relief, there is no law under which, the respondent Nos.2 to 4 can interfere in such civil/revenue dispute. 3. Shri Sandeep Kumar Ojha, Advocate says that respondent No.5 is his mother who has died on 15.04.2021, therefore, a dead person has been impleaded as respondent No.5 moreover, he says that no such suit for division of holding is filed by the petitioner for the Gata in question i.e. Gata No.1651 on which the college is being constructed by him. The petitioner counsel has no answer to these objections. 4. This is not a fit case for interference. 5. The writ petition is disposed of. [Om Prakash Shukla, J.] [Rajan Roy, J.] Order Date :- 4.2.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench