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2025 DAILYLAW 28600 (ALL)

DURGAWATI DEVI AND ANOTHER v. STATE OF U.P. AND 13 OTHERS

WRIC/7225/2025 · 2025-03-10

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35850 Court No. - 50 Case :- WRIT - C No. - 7225 of 2025 Petitioner :- Durgawati Devi And Another Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Amar Nath Tiwari,Rishi Kant Rai Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Chandra Kumar Rai,J. 1. Heard Sri Rishi Kant Rai, learned counsel for the petitioners, Sri Abhishek Kumar Srivastava, learned Additional Chief Standing Counsel for the State and Sri Sudhir Bharti, learned counsel for the respondent no. 4-Gram Panchayat. 2. The instant writ petition has been filed for the following reliefs:- "i. Issue writ, order or direction in the nature of mandamus directing the respondent no. 2-Sub-Divisional Officer Barhaj, District Deoria to decide the Case No. 2151/2023 (computerized case no. T202305200402151) Sri Krishna Dixit vs. Durgawati Devi & others and Case No. 2152/2023 (computerized case no. T202305200402152) Sri Krishna Dixit vs. Durgawati Devi & others, expeditiously preferably as soon as possible within stipulated time fixed by this Hon'ble Court. ii. Issue any other appropriate writ, order or direction to which the petitioners be found entitled under the facts and circumstances of the case. iii. To award costs in favour the parties." 3. Learned counsel for the petitioners submitted that two Suits under Sections 144/116 of the U.P. Revenue Code, 2006 have been filed at the instant of respondent no. 3 impleading petitioners as defendants. He further submitted that on behalf of the petitioners/defendants an application dated 14.11.2024 was filed to consolidate both the Suits, which are pending. He submitted that both the aforementioned Suit should be consolidated and disposed of within stipulated period. 4. Considering the facts and circumstances of the case, the instant petition is finally disposed of directing the respondent no. 2-Sub- Divisional Officer, Tehsil Barhaj, District Deoria to consolidate both the Suits and decide the same, after framing issues and giving opportunity to the parties to lead evidence in accordance with law, expeditiously preferably within a period of eight months from the date of production of a certified copy of this order. Order Date :- 11.3.2025 Neetu Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad