RAJ KUMAR MISHRA v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS
A227/4929/2025 · 2025-08-20
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158413 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158413 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48818 Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 4929 of 2025 Petitioner :- Raj Kumar Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Abdul Alim Khan,Mohd. Vakar Khan Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Sri Abdul Alim Khan, learned counsel for the petitioner as well as learned Standing Counsel for respondent nos. 1 and 2.
2. In the light of proposed order notice to private respondents is dispensed with.
3. By means of present writ petition the petitioner has prayed for direction to the Assistant Collector, Kaisarganj, Bahraich to decide partition suit bearing Case No. 4613 of 2022 (Computerized Case No. T20220815304613) - Raj Kumar Vs. Manoj Kumar Mishra and Others, under Section 116 of the U.P. Revenue Code, 2006, expeditiously.
4. Learned Standing Counsel has raised preliminary objection that for the same relief the petitioner has filed a writ petition previously being Matters Under Article 227 No. 808 of 2025, where directions were issued to the Assistant Collector, Kaisarganj, Bahraich to decide the partition suit expeditiously, once service report regarding service upon all the defendants is brought on record. The Court further granted liberty to the petitioner to approach this Court again in case of inordinate delay in decision in suit proceedings even once all the defendants have put in appearance.
5. The aforesaid order was passed on 17.02.2025 and within a period of six months, present writ petition has been filed seeking same relief.
6. From the perusal of order sheet it is clear that service upon respondents therein have not yet been effected. Notices have been issued to the remaining defendants on 17.06.2025 and accordingly, it cannot be said that there is inordinate delay in deciding the case.
7. In view of above, no ground for interference by this Court is made out. The writ petition being devoid of merits is dismissed. Order Date :- 20.8.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench