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Neutral Citation No. - 2025:AHC:38061 Court No. - 35 Case :- WRIT - C No. - 6855 of 2025 Petitioner :- Sarnam Singh Respondent :- State Of U.P. And 41 Others Counsel for Petitioner :- Dinesh Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This petition has been filed for the following reliefs :-
"i) issue writ, order or direction in the nature of mandamus commanding the respondent authorities not to permitted the contesting respondent no. 4 to 8 to encroaches the Suit property in question, during the pendency of the Partition Suit, pending before the respondent no. 3. ii. issue a writ, order or direction in the nature of mandamus commanding the respondent no. 3 to decide the aforesaid Suit/Case No. 00475 of 2018/Computer Case No. 201811170200475 (Sarnam Singh Versus Sukhbeer Singh and othere) within some stipulated period, which may be fixed by this Hon'ble Court."
3. Contention of learned counsel for the petitioner is that despite an order of status quo being passed in proceedings under Section 116 of the U.P. Revenue Code, 2006, the private respondents are alienating the property in dispute.
4. A preliminary objection has been raised by learned Standing Counsel that the petitioner has efficacious alternative remedy of moving an application under Order 39 Rule 2(A) of C.P.C. or an application for getting further interim relief from the trial court itself.
5. In view of the availability of alternative remedy, I am not inclined to interfere in the matter.
6. Accordingly, the writ petition is disposed of with liberty to the petitioner to avail the remedy as available to him under law.
7. As the proceedings are pending since 2018, therefore, respondent No. 3- The Sub Divisional Officer, Tehsil-Khurja, District Bulandshahr is directed to decide and conclude the
proceedings within four months from the date of production of certified copy of this order after ensuring service upon all the opposite parties and giving opportunity of hearing to the parties concerned without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. Order Date :- 18.3.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad