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2025 DAILYLAW 77891 (ALL)

RAKESH KUMAR AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WRIC/24031/2025 · 2025-07-23

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:121449 Court No. - 34 Case :- WRIT - C No. - 24031 of 2025 Petitioner :- Rakesh Kumar And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- Sunil Kumar Singh Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayers:- "i. Issue an order or direction in the nature of MANDAMUS directing to respondent no. 2 to decide the Case No. 8057 of 2024, Computerized Case No. T202411170208057 (Rakesh Kumar & Others Vs. Rajesh Kumar & Others), under Section 116 of U.P. Revenue Code, 2006, pending in the court of Sub Divisional Officer (Judicial), Khurja, District Bulandshahar, within stipulated period. ii. Issue an order or direction in the nature of MANDAMUS direct the parties to maintain status quo over the land in dispute during the pendency of partition case pending before the respondent no. 2." It is contended that partition suit filed under Section 116 of the U.P. Revenue Code, 2006 is pending consideration which is registered as Case No.8057 of 2024 (Computerized Case No. T202411170208057). The prayer made in the writ petition is for expeditious disposal of the said case. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the private respondents, the matter is being disposed of, at the admission stage, with a direction upon respondent no.2- Sub Divisional Officer (Judicial), Khurja, District- Bulandshahar to decide the Case No.8057 of 2024 (Computerized Case No. T202411170208057) filed under Section 116 of the U.P. Revenue Code, 2006, after hearing all the concerned parties, strictly in accordance with law expeditiously preferably within a period of six 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 :- 24.7.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad