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2025 DAILYLAW 63130 (ALL)

SANJAY KUMAR AND 2 OTHERS v. STATE OF U.P. AND 13 OTHERS

WRIC/17810/2025 · 2025-07-02

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103660 Court No. - 34 Case :- WRIT - C No. - 17810 of 2025 Petitioner :- Sanjay Kumar And 2 Others Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Vijay Prakash Singh Kushwaha Counsel for Respondent :- C.S.C.,Pradeep Singh Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer: "A Issue a writ, order or direction in the nature of mandamus commanding to respondent no.3 to fix and demarcate the land bearing its Gata No. 337 having its area 1.1760 Hectare, situated in Village- Tarakapur, Post- City Kotwali, Tappa- 84, Pargana- Kantit, Tehsil Sadar, District- Mirzapur by boundary marks in pursuance of an order dated 13.01.2025 passed by respondent no.3 in Case No.- 17137 of 2023, U/S- 116 of U.P. Revenue Code, 2006, Sanjay Kumar and others Vs Rajesh Kumar and others, in accordance with law, within stipulated time fixed by this hon'ble court." It is contended that the suit filed under Section 116 of the U.P. Revenue Code, 2006 was partitioned and decided on 13.01.2025, against the said judgment, no appeal has been preferred by any co- sharers. It is further submitted that the demarcation of the land till date has not been carried out. The sole prayer made in the writ petition is for the direction upon respondent no.3 to demarcate the land in pursuance of judgment dated 13.01.2025. As no useful purpose would be served in keeping the matter pending or issuing notice to the private respondents, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit, with a direction upon respondent no.3- Sub Divisional Officer, Sadar, Mirzapur to demarcate the land in pursuance of judgment dated 13.01.2025, if there is no legal impediment, in accordance with law, after hearing all affected parties, preferably within a period of three months from the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 3.7.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad