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2025 DAILYLAW 123245 (ALL)

MOHD. SHAREEF AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO AND 11 OTHERS

WRIC/1451/2025 · 2025-02-13

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9551-DB Court No. - 2 Case :- WRIT - C No. - 1451 of 2025 Petitioner :- Mohd. Shareef And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko And 11 Others Counsel for Petitioner :- Harish Chandra Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard learned counsel for the petitioners as also the learned Addl. C.S.C. for the State and perused the record. Issuance of notice to the private parties is hereby dispensed with. The petitioners allege construction/plotting of land by the private opp. parties during pendency of suit for partition, which is said to be still pending. It is further said that on an application to the Sub Divisional Magistrate, Nanpara, Bahraich, dated 24.12.2024 filed by the petitioner No. 1 Mohd. Shareef an order was passed by the said officer directing the Police to maintain law and order and status quo, but the same is not being complied with. Any plotting or construction during pendency of the partition proceedings may complicate the issues pending consideration before the Sub Divisional Magistrate, Nanpara, Bahraich, in the said proceedings. The Sub Divisional Magistrate, Nanpara, Bahraich, should look into the matter and ensure compliance of the aforesaid order and in fact he should pass such order(s) on the judicial side rather than on administrative side. The opp. party No. 4/S.H.O., P.S. Nanpara, District Bahraich, is directed to ensure compliance of the order, aforesaid, passed by the Sub Divisional Magistrate, Nanpara, Bahraich, on the application of the petitioner No. 1 Mohd. Shareef, without prejudice to the rights of the opp. party Nos. 5 to 12 in the pending proceedings, if they are still pending, With the above observations/direction, this writ petition is disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 13.2.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench