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2025 DAILYLAW 63422 (ALL)

DEENANATH AND ANOTHER v. STATE OF U.P. AND 20 OTHERS

WRIC/17539/2025 · 2025-07-02

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103559 Court No. - 34 Case :- WRIT - C No. - 17539 of 2025 Petitioner :- Deenanath And Another Respondent :- State Of U.P. And 20 Others Counsel for Petitioner :- Balendra Deo Misra,Ram Ji Singh Counsel for Respondent :- C.S.C.,Vibhu Rai Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer: "1. Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the Case No. 01877 of 2021 (Computerized Case No.T202105310301877) Deenanath and others Vs. Kallu and others, under section 116 of U.P. Revenue Code, 2006, within specific period as fixed by this Hon'ble Court; II. Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the interim application filed by the petitioners alongwith with plaint immediately and restrain the parties to not alienate the dispute property which is under partition in the said suit;" 2. It is contended that suit under Section 116 of U.P. Revenue Code, 2006 is pending consideration. It is further contended that an application has been filed in the suit for restraining the co- sharer from alienating the share. 3. 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 authority concerned to expedite the proceedings filed under Section 116 of U.P. Revenue Code, 2006 and bring the same to its logical end, after hearing all the affected parties, strictly in accordance with law, within a period of six months from the date of production of a certified copy of this order. 4. It is further provided that the interim application moved by the petitioner shall also be taken up for consideration prior to disposal of the suit filed under Section 116 of the U.P. Revenue Code, 2006 and the same shall be decided, in accordance with law, after hearing all affected parties, within a period of two weeks from the date of production of certified copy of this order. 5. With the aforesaid direction, present writ petition stands disposed of. 6. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 3.7.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad