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2025 DAILYLAW 164790 (ALL)

PRAMOD KUMAR GUPTA v. SUB DIVISIONAL MAGISTRATE, TEHSIL BILGRAM, HARDOI AND OTHERS

A227/5584/2025 · 2025-09-17

Manjive Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5584 of 2025 Court No. - 30 HON'BLE MANJIVE SHUKLA, J. 1. Heard Mr. Rajesh Kumar Dwivedi, learned counsel appearing for the petitioner, learned State Counsel appearing for Respondent No.1 and Ms. Pallavi Singh, Advocate holding brief of Mr. Ram Kumar Singh, learned counsel for Respondent No.7. 2. The instant petition has been filed by the petitioner, inter alia praying therein for the following relief: "i. to issue an order, or direction in the nature of mandamus commanding respondent no.1 to decide the Partition Case No. 202410330301106 Laxmi Narayan Gupta and others versus Pramod Kumar Gupta and others under Section 49 of the U.P Tenancy Act pending before him i.e. Sub Divisional Magistrate Bilgram, Hardoi since 2023 within the time as stipulated by the Hon'ble Court in accordance with the law. ii. to issue other orders or directions as deemed fit and proper under the circumstances of the case. iii. to allow this petition with cost." 3. Learned Standing Counsel, on the basis of instructions received from the Respondent No.1 i.e., Sub-Divisional Magistrate, Hardoi, has submitted that the case, subject matter of this petition, shall be decided, expeditiously, within the time frame fixed by this Court. Versus Counsel for Petitioner(s) : Vishnu Dev Shukla Counsel for Respondent(s) : C.S.C., Ram Kumar Singh Pramod Kumar Gupta .....Petitioner(s) Sub Divisional Magistrate, Tehsil Bilgram, Hardoi And Others .....Respondent(s) 4. The instructions provided to learned State Counsel are taken on record. 5. In view of the categorical instructions received from Respondent No.1 through his letter dated 15.09.2025, this petition is finally disposed of with a direction to Respondent No.1, i.e., Sub-Divisional Magistrate, Hardoi to consider and decide the Partition Case No.202410330301106 Laxmi Narayan Gupta and Ors. Vs. Pramod Kumar Gupta and Ors., under Section 49 of the U.P Tenancy Act, expeditiously, preferably within a period of two months from the date of presentation of certified copy of this order before him, provided there is no legal impediment. 6. Needless to say that this Court has not adjudicated upon merits of the case. September 17, 2025 V. Sinha A227 No. 5584 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench