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2025 DAILYLAW 145191 (ALL)

MALATI DEVI AND 2 OTHERS v. STATE OF U.P. THRU.THE SECY. REVENUE DEPTT. U.P. LKO. AND 6 OTHERS

WRIC/5774/2025 · 2025-06-06

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Neutral Citation No. - 2025:AHC-LKO:34971-DB Court No. - 2 Case :- WRIT - C No. - 5774 of 2025 Petitioner :- Malati Devi And 2 Others Respondent :- State Of U.P. Thru.The Secy. Revenue Deptt. U.P. Lko. And 6 Others Counsel for Petitioner :- Manuvendra Singh,Rajneesh Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Praveen Kumar Giri,J. The petitioners herein claim to have purchased the land in question vide sale- deed dated 12.09.2012. Their names have been mutated in the revenue records, as claimed in 2023. Now when they proposes to make any construction on part of the land, which is in their possession, the opp. party Nos. 4 and 5 are creating hindrance, as claimed. Learned Standing Counsel says that proceedings under Section 116 of U.P. Revenue Code, 2006 are pending. He further says that there is no interim order therein. If the holding is joint, and the petitioners have purchased part of the land subsequently, then it is bound to create complications, if the petitioners undertake construction, therefore, we dispose of this petition with direction to the Sub Divisional Magistrate concerned to dispose of the partition proceedings within 3 months, unless there is any legal impediment. The petitioners should join those proceedings, if they have purchased part of the land which is subject matter of partition, especially as they have already filed an application for impleadment therein. At this stage, we find that the petitioners had earlier filed a Writ Petition No. 5700 of 2025, Malti Devi & 2 others v. State of U.P. & ors., seeking the same relief, but as pending petitions cannot be taken up during vacations, therefore, this petition has been filed. The petitioners' counsel undertakes to move an application for withdrawal of the said petition, as soon as the court re-opens after vacations. A copy of this order shall be placed on records of Writ Petition No. 5700 of 2025, Malti Devi & 2 others v. State of U.P. & ors. (Praveen Kumar Giri, J.) (Rajan Roy, J.) Order Date :- 6.6.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench