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2025 DAILYLAW 34097 (ALL)

RAMESH PRASAD AND 5 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIC/9110/2025 · 2025-04-24

Manish Kumar Nigam

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:63768 Court No. - 35 Case :- WRIT - C No. - 9110 of 2025 Petitioner :- Ramesh Prasad And 5 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shiv Shankar Prasad Gupta,Suresh Kumar Gupta Counsel for Respondent :- C.S.C.,Deepak Gaur Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed seeking following relief :- "Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 20.12.2024 passed by the Additional Commissioner (Administration), Jhansi Division, Jhansi in Case No. 00652/2020 (Computerised Case No.:-C202006000000652, Ramesh Prasad and others Versus Rajeshwar Prasad and others u/s 210 of the Uttar Pradesh Revenue Code, 2006 and impugned order dated 26.06.2020 passed by the Additional District Magistrate, Talbehat, Lalitpur in Case No. 01238/2020 (Computerised Case No. T202006450201238), Jagdish Prasad v/s Ramesh Prasad and others u/s 116 of the Uttar Pradesh Revenue Code, 2006 (Annexure No. 1 and 2); ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to maintain the status quo with respect to disputed land i.e. arazi no. 4023/1 (new no. 423/1) of an area 0.372 hectare situated at Village Talbehat (Baahar/outer), Pargana and Tehsil Talbehat, District Lalitpur;" 3. A decree under Section 116 of the U.P. Revenue Code, 2006 was passed in favour of the petitioners against which private respondents filed restoration application and the same has been allowed. Revision filed by the petitioners against the order restoring the suit to original number has already been dismissed. 4. Learned Standing Counsel has submitted that since the matter is pending before the Trial Court, it will be more expedient that petitioners may contest the proceedings there as admittedly, applicants of restoration application have not impleaded the defendant in the suit and both the parties have purchased minjumla land by two separate sale deed without disclosing boundaries of the land purchased. 5. In view of the same, I am not inclined to interfere in the matter. 6. Accordingly, this writ petition stands disposed of with liberty to the petitioner to contest the partition suit pending before respondent no.2. Since both the parties are represented before the Court below, respondent No.2 is directed to conclude the aforesaid proceedings, in accordance with law, expeditiously, preferably within six months from the date of production of a certified copy of this order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties as well as giving a reasonable opportunity of leading evidence in respect of their case provided there is no other legal impediment. Order Date :- 25.4.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad