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2025 DAILYLAW 72850 (ALL)

PHOOL CHAND v. STATE OF U.P. AND 2 OTHERS

WRIC/21657/2025 · 2025-07-09

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110589 Court No. - 34 Case :- WRIT - C No. - 21657 of 2025 Petitioner :- Phool Chand Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raj Kumar Shukla Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:- "i) Issue a writ, order or direction in the nature of Mandamus directing the Sub Divisional Magistrate, Pindara, Varanasi to make Medbandi (Embanking) with possession of the land in question being Arazi No. 850 and 876 in Case No. 2118 of 2023, Computerized Case No. T202314700202118 (phool Chand Vs. Mool Chand) in accordance with the order dated 27.11.2024 passed by the Sub Divisional Magistrate, Pindara, Varanasi Under Section 116 of the Land Revenue Code, 2006." It is contended that final decree has been passed in proceedings under Section 116 of the U.P. Revenue Code, 2006, but till date the order passed therein has not been complied with. 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.2- Sub Divisional Magistrate, Pindara, Varanasi to comply the order dated 27.11.2024 passed in the proceedings under Section 116 of the U.P. Revenue Code, 2006, 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 :- 10.7.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad