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Neutral Citation No. - 2025:AHC:84219 Court No. - 35 Case :- WRIT - C No. - 14347 of 2025 Petitioner :- Sanjay Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Kant Upadhyay Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.
2. The instant writ petition has been filed for the following relief:
"Issue a writ, order or direction in the nature of certiorari quashing the impugned
order dated 16.12.2022 passed by Sub Divisional Magistrate Sakaldiha, District- Chandauli and order dated 21.12.2022 passed by Naib Tehsildar Tehsil-Sakaldiha, District Chandauli. (Annexure No. 4 & 5 to this writ petition) by which the land of petitioner i.e. Arazi no. 208 ग area 0.036 Hectare, Arazi no. 29
क area 0.012 Hectare, Arazi no. 295 area 0.016 Hectare, Arazi no. 296 area 0.012 Hectare, Arazi no. 310 area 0.291 Hectare, Arazi no. 330 area 0.472 Hectare, Arazi no. 55 area 1.550 Hectare of Khata No.44 and Arazi no. 52 area 0.939 Hectare of Khata No.88 situated at Village Raiyan, Pargana-Barah, Tehsil-Sakaldiha, District-Chanduli. has been attached in respect of arrears of recovery due from Shashikant (brother of petitioner) in Maintenance Case filed by his wife."
3. The recovery has been initiated against the petitioner for the maintenance dues of his brother in a matrimonial proceedings filed by wife of brother of the petitioner. During the pendency of the matrimonial proceedings, a land has been transferred in favour of petitioner by his brother in order to avoid the maintenance decree.
4. Since the petitioner has steps in shoes of his brother and the immovable property has been transferred, nothing wrong has been committed by the respondent authorities in recovering the amount of maintenance from petitioner which is due against his brother as the property has come to the petitioner.
5. The writ petition lacks merit and is accordingly, dismissed.
Order Date :- 20.5.2025 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