RAJEEV VAISH AND ANOTHER v. STATE OF UTTAR PRADESH AND 3 OTHERS
WRIC/4907/2025 · 2025-07-07
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17759 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17759 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:107372 Court No. - 34 Case :- WRIT - C No. - 4907 of 2025 Petitioner :- Rajeev Vaish And Another Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Mohd. Akbar Shah Alam Khan Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer;
"issue any other order or direction in the nature of mandamus commanding and directing the respondent No.2/Sub Divisional Magistrate Karchhana Prayagraj to consider and decide the petitioner application dated 23.07.2024 (for creation of kurra/fat/chitti) in Partition Case No. 12817 of 2022 (Rajeev Vaish and another Vs. Prabhakant and others) under section 116 of U.P. Revenue Code, 2006 and in the light of order dated 28.11.2023 and 01.03.2024 within stipulated period as fixed by this Hon'ble Court."
2. It is contended that partition suit filed under Section 116 of U.P. Revenue Code, 2006 is pending consideration before the respondent no. 2. The sole prayer made in writ petition for expeditious disposal of the same.
3. As no useful purpose would be served in keeping the matter pending or issuing notice to the private respondents, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit, with a direction upon respondent No. 2 to decide the Partition Case No. 12817 of 2022 (Rajeev Vaish and another Vs. Prabhakant and others), in accordance with law, after hearing all affected parties, preferably within a period of six months from the date of production of certified copy of this order.
4. With the aforesaid direction, present writ petition stands
disposed of.
5. It is made clear that this Court has not adjudicated the case on merit.
Order Date :- 8.7.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad