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2025 DAILYLAW 151137 (ALL)

AJIJUR RAHMAN v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, DEPTT. LKO. AND 4 OTHERS

A227/4176/2025 · 2025-07-16

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40469 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 4176 of 2025 Petitioner :- Ajijur Rahman Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Deptt. Lko. And 4 Others Counsel for Petitioner :- Rajat Srivastava,Nandini Verma Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Rajat Srivastava, learned counsel for petitioner as well as learned Standing Counsel for the State. 2. In view of the order proposed to be passed, requirement of issuance of notice to private respondents are hereby dispensed with. 3. Instant petition has been filed by the petitioner praying for direction to the respondent No. 2 to decide the interim application filed along with application U/S 116 of Uttar Pradesh Revenue Code, 2006 in Suit No. 3400 of 2025 (Ajijur Rahman Vs. Mohd. Rahman and others, for the division of holdings pending before Court of Sub Divisional Officer, Mandal Devipatan, District Balrampur and for a direction to main the status quo & restrain the construction activities being carried out at the agricultural land having gata No. 1058/0.4980, situated in Village Katra, Shankar Nagar, Pargana and Tehsil Balrampur, District Balrampur till the conclusion of the proceedings pending before the Sub-Divisional Officer, Balrampur filed U/S 116 of the Code of 2006. 4. After arguing the matter at some length, learned counsel for petitioner confines his prayer for a suitable direction to consider the application for interim relief filed in the proceedings U/S 116 of U.P. Revenue Code, 2006. It has been submitted that notices were issued to the respondents therein but no appearance has been made. 5. Learned Standing Counsel has no objection to the aforesaid prayer. 6. Accordingly, considering the facts and circumstances of the case and prayer made by learned counsel for petitioner, without entering into the merits, the writ petition is disposed of with a direction to respondent no. 2 - Sub Divisional Officer, Mandal Devipatan, District Balrampur to consider and decide application for interim relief filed in the proceedings U/S 116 of U.P. Revenue Code, 2006 within a period of two weeks from the date sufficiency of service is received with regard to the respondents and in case there is some legal impediment, it shall also be open to the petitioner to press for grant of ad interim relief in case the case is so made out. (Alok Mathur, J.) Order Date :- 16.7.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench