MEVA LAL v. PRESCRIBED AUTHORITY / SUB- DIVISIONAL OFFICER, KUNDA DIST. PRATAPGARH AND ANOTHER
WRIC/1903/2025 · 2025-03-04
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125194 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125194 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:13023-DB Court No. - 2 Case :- WRIT - C No. - 1903 of 2025 Petitioner :- Meva Lal Respondent :- Prescribed Authority / Sub- Divisional Officer, Kunda Dist. Pratapgarh And Another Counsel for Petitioner :- Dilip Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard Shri Dilip Kumar Pandey, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State.
2. The petitioner claims that the shares of the petitioner vis-a- vis the other co-sharers of the land in question has been determined/divided by order dated 27.04.2024 by the S.D.M., Kunda, District - Pratapgarh, therefore, now there is no impediment in payment of compensation. Yet, the same is not being paid.
3. Learned Additional Chief Standing Counsel for the State says that he has instruction from the opposite party no. 2 to inform the Court that partition proceedings are still pending.
4. Let the petitioner approach the opposite party no. 2 who may get the facts verified, hear out the affected parties and take a decision in the matter positively within a period of six weeks. He shall also see as to whether if by a preliminary decree the shares of the co-sharers have already been determined and have attained finality whether in respect of a land which has been acquired, any further proceedings for partition by metes and bounds can take place, meaning thereby, whether the determination of shares by preliminary decree itself would suffice. If so, how for it is permissible for him to keep the matter pending unless of course the facts and legal position are otherwise. In either eventuality he shall take a considered decision in the matter in writing and communicate it to all the affected parties.
5. With the aforesaid observations/directions, the writ petition is
disposed of. . (Om Prakash Shukla,J.) (Rajan Roy,J.)
Order Date :- 4.3.2025
R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench