RADHEY SHYAM v. STATE OF U.P. THRU. DISTT. MAGISTRATE SULTANPUR AND 9 OTHERS
/7415/2025 · 2025-08-04
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155203 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155203 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45063-DB Court No. - 2 Case :- WRIT - C No. - 7415 of 2025 Petitioner :- Radhey Shyam Respondent :- State Of U.P. Thru. Distt. Magistrate Sultanpur And 9 Others Counsel for Petitioner :- Hanumant Lal Yadav Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of the State Respondent and Sri Mohan Singh, learned counsel appearing on behalf of the Gaon Sabha.
2. This petition has been filed with the following main prayer:-
"Issue a Writ order or direction in the nature of MANDAMUS thereby commanding the Opp. Party No. 2 to stop the illegal construction of the opp. party No. 3 to 9 over the land gata No. 191,195, 197, 213& 217 situated at village Holapur, pargana Chanda, Tehsil Lambhuwa, District Sultanpur during pendency of the partition suit bearing suit no. 1527/2022 U/S 116 of Uttar Pradesh Revenue code 2006."
3. This Court has put a specific query to the counsel for the petitioner as to whether any order has been passed in the Partition Suit by the Appropriate Authority directing the parties to maintain status quo on the land in dispute.
4. Learned counsel for the petitioner could not give a satisfactory reply.
5. Sri Mohan Singh, learned counsel representing the Gaon Sabha, has informed this Court that the petitioner has remedy of filing an application under Paragraph 489 of the U.P. Revenue Court Manual before the Court concerned.
6. This petition is disposed of with a direction to the petitioner to approach the Court of Sub-Divisional Magistrate, Lambhuwa, where the Partition Suit is pending, for the relief as claimed in this petition. Order Date :- 4.8.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench