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2025 DAILYLAW 73707 (ALL)

MATESH CHANDRA SONKAR v. STATE OF U.P. AND 14 OTHERS

WRIC/22173/2025 · 2025-07-13

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:112326 Court No. - 34 Case :- WRIT - C No. - 22173 of 2025 Petitioner :- Matesh Chandra Sonkar Respondent :- State Of U.P. And 14 Others Counsel for Petitioner :- Ashish Kumar,Vinod Kumar Kushwaha Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- "Issue a writ, order or direction in the nature of mandamus commanding the respondent No. 2, Sub District Magistrate, Tehsil-Sirathu, District - Kaushambi, to demarcate the Plot No. 71 area 0.063 Hectare, Plot No.190 area 0.229 Hectare, Plot No. 189 area 252 Hectare, Plot No.191 area 0.272 Hectare and Plot No.51 area 0.374 Hectare situated at Village-Chak Jameen Mahjooba, Post-Daranagar, Pargana- Kara, Tehsil-Sirathu, District- Kaushambi, as per order dated 12-9-2024 and decree dated 26-09-2024, passed by Up-Ziladhikari, Tehsil Sirathu, District Kaushambi in Partition Case No. 44561 of 2017 (Computerize Case No. 120170242044561) "Matesh Chandra Sonkar versus Ram Nath and others" under section 116 U.P. Revenue Code 2006, according to share of the land owners recorded in revenue record (Annexure No.2 and 3), expeditiously with in stipulated period." 2. It is contended by learned counsel for the petitioner that partition suit filed under Section 116 of U.P. Revenue Code, 2006 has been finally decided against which no appeal has been preferred but till date demarcation and possession has not been given to the petitioner. An application has been moved by the petitioner on 13.06.2025 before respondent No.2 to execute the decree passed in partition suit, which is pending consideration. 3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon respondent No.2 to execute the order passed in partition suit filed under Section 116 of the U.P. Revenue Code within a period of two month from the date of production of certified copy of this order, if there is no legal impediment in executing the same. 4. With the aforesaid directions, writ petition stands disposed of. Order Date :- 14.7.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad