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2025 DAILYLAW 78731 (ALL)

MOHAMMAD SABIRALI SHAIKH @ SABIR ALI v. STATE OF U.P. AND 8 OTHERS

WRIC/24168/2025 · 2025-07-24

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:122560 Court No. - 34 Case :- WRIT - C No. - 24168 of 2025 Petitioner :- Mohammad Sabirali Shaikh @ Sabir Ali Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Mashhood Abbas Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- "A. Issue writ order or direction in nature of mandamus to Respondent no. 2/ Sub- Divisional Magistrate Tehsil Pindra, District Varanasi to decide the pending Amendment application of the petitioner dated 25.10.2024 which is pending in partition suit proceeding bearing computer case No. T202414700207861 under Section 116 U.P. Revenue Code 2006 (Sabir Ali Vs Zakir Ali) (Annexure No. 4) Furthermore prayed that this Hon'ble Court may graciously be pleased to direct Respondent no. 2/Sub-Divisional Magistrate Tehsil Pindra, District Varanasi to decide the expeditiously pending partition suit proceeding bearing computer case No. T202414700207861 under Section 116 U.P. Revenue Code 2006 (Sabir Ali Vs Zakir Ali) within shortest time bound period as this Hon'ble Court may please under the fact and circumstances of the case." 2. It is contended by learned counsel for the petitioner that amendment application filed in partition suit under Section 116 of U.P. Revenue Code, 2006 is pending consideration before respondent no. 2 since 25.10.2024. The sole prayer made in the writ petition is for expeditious disposal of the same. 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 decide the amendment application dated 25.10.2024 filed in Partition Suit No. T202414700207861, in accordance with law, after hearing all affected parties, preferably within a period of one month from the date of production of certified copy of this order. 4. With the aforesaid directions, writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 25.7.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad