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2025 DAILYLAW 62789 (ALL)

SHASHI SHANKAR v. STATE OF U.P. AND 10 OTHERS

WRIC/16950/2025 · 2025-05-25

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90747 Court No. - 35 Case :- WRIT - C No. - 16950 of 2025 Petitioner :- Shashi Shankar Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Satya Narayan 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 mandamus, commanding and directing the respondent no. 3 to decide the application dated 23.04.2025 and 13.05.2025, within specific period as fixed by this Hon'ble Court. 2. issue a writ, order or direction in the nature of mandamus, commanding and directing the respondent no. 5 and 6, not to execute the sale deed of the disputed land in pursuance agreement dated 24.03.2025 of executed by respondent no. 5 and 6, during the pendency of the present writ petition before this Hon'ble Court." 3. It has been contended by learned counsel for the petitioner that in a suit filed by respondent No.4 under Section 116 of the U.P. Revenue Code, 2006 for partition, an interim order was granted by the Trial Court on 6.1.2020 directing the parties to maintain status quo with regard to the disputed land. Respondents No.5 and 6 having knowledge of the order dated 6.1.2020 executed the agreement to sell of the disputed land in favour of one Khurshid on 24.3.2024. 4. A preliminary objection has been raised by learned Standing Counsel that petitioner has a remedy of filing an application under Order 39 Rule 2-A CPC or under Section 151 C.P.C. as the provisions of CPC are applicable to the proceedings. 5. In view of the same, I am not inclined to interfere with the matter. 6. Accordingly, this writ petition stands disposed of with liberty to the petitioner to move an application under Order 39 Rule 2-A CPC or under Section 151 C.P.C within two weeks. In case such an application is filed, the same shall be considered and decided by the respondent - authority, in accordance with law, expeditiously, after ensuring service of notice upon all the respondents and after providing opportunity of hearing to all the parties provided there is no other legal impediment. 6. With these observations, the writ petition stands disposed of. Order Date :- 26.5.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad