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2025 DAILYLAW 53201 (ALL)

SMT. SUNITA AND 3 OTHERS v. STATE OF U.P. AND 10 OTHERS

WRIC/13971/2025 · 2025-05-05

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72136 Court No. - 35 Case :- WRIT - C No. - 13971 of 2025 Petitioner :- Smt. Sunita And 3 Others Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Rishi Kant Singh Chauhan Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant writ petition has been filed for the following relief: "i. Issue a writ, order or direction in the nature of Mandamus directing the respondents to restrain from constructing any structure on the land in-question, during the pendency of the suit for division filed under Section 116 of U.P. Revenue Code, 2006 before the respondent no.2 (Sub Divisional Officer, Tehsil Sardhana, District Meerut), bearing Suit/Computer Case No. T202411520409142 (Smt. Sunita and others Vs. Smt. Bullo and others) and further respondent no.2 (Sub Divisional Officer, Tehsil Sardhana, District Meerut may be directed to decide the above noted suit at the earliest. ii. Issue a writ, order or direction in the nature of Mandamus directing the respondents to maintain status-quo in respect of the land in-question and further not to create any third party right in the land in-question, during the pendency of the suit for division filed under Section 116 of U.P. Revenue Code, 2006 before the respondent no.2 (Sub Divisional Officer, Tehsil Sardhana, District Meerut), bearing Suit/Computer Case No.T202411520409142 (Smt. Sunita and others Vs. Smt. Bullo and others)." 3. Contention of the learned counsel for the petitioner is that during pendency of the suit under Section 116 of U.P. Revenue Code, 2006, the petitioner has moved an application for interim relief under Order 39 Rule 1 & 2 C.P.C. on 09.02.2024 as the respondents were raising construction over the property in dispute. It has been further contended by learned counsel for the petitioner that no orders have been passed on the application of the petitioner for interim relief, though the constructions are being raised. 4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this petition pending and a direction be issued to respondent no. 2 to consider and decide the application for interim relief filed by the petitioners. 5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No. 2 to consider and decide the aforementioned interim relief application filed by the petitioners, in accordance with law, expeditiously, preferably within a period of four weeks from the date of production of a certified copy of this order after ensuring service upon all the opposite parties and giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. Order Date :- 6.5.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad