Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:144960 Court No. - 34 Case :- WRIT - C No. - 28396 of 2025 Petitioner :- Subhash Chandra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Amar Nath Tiwari,Basant Kumar Yadav Counsel for Respondent :- C.S.C. 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.3 to restrain the respondent no.5 to not create any problem in the peaceful possession of the petitioner and of his agriculture over the bearing Gata No.216, Gata No.226, Gata No.228, Gata No.246, Gata No.294, Gata No.299 and Gata No.323 upon his shares which was decided by the concerned authorities vide its order dated 20.07.2023 and decree dated 28.07.2023."
2. It is contended by learned counsel for the petitioner that a final decree has been passed under Section 116 of the U.P. Revenue Code, 2006. The private respondents i.e the co-sharers have filed a restoration application in the said partition suit. Petitioner has already filed an execution application for executing the decree. The prayer made in the writ petition is for expeditious disposal of the restoration application along with execution application.
3. As no useful purpose would be served in keeping the matter pending or calling for a counter affidavit, the writ petition is
disposed of directing the respondent no.3 to decide the said restoration application as well as execution application strictly in accordance with law, after hearing all affected parties, within one month from the date of production of a certified copy of this order.
4. It is made clear that the Court has not adjudicated the matter on merits.
Order Date :- 22.8.2025 CS/- Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad