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2025 DAILYLAW 93975 (ALL)

SECHANI DEVI v. STATE OF UP AND 6 OTHERS

WRIC/31639/2025 · 2025-09-10

Rohit Ranjan Agarwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31639 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This writ petition has been filed with the following prayers:- "A. Issue a writ order or direction in the nature of mandamus directing the respondents to decide the representation dated 23.7.2025 moved by petitioner for providing possession over the plot no. 191/1 area 0.0391 hectare, Village-Emiliya, Pargana-Katehar, Tehsil- Sadar, District Varanasi." 2. It is contended that in the partition suit instituted under Section 116 of U.P. Revenue Code, 2006, final decree was prepared on 18.06.2025. According to petitioner's counsel, the said decree till date has not been executed, and the petitioner had moved an application on 23.07.2025. 3. On a pointed query of the Court, learned counsel for the petitioner has conceded the fact that a recall application has been filed by one of the co- sharers, which is pending consideration. 4. After hearing counsel for the petitioner, this Court finds that no useful purpose would be served in keeping the matter pending or calling for counter affidavit and writ petition is being disposed of requiring the revenue authorities to proceed with the recall application filed by one of the co-sharers and decide the same strictly in accordance with law, after hearing all the affected parties, preferably within a period of one month from the date of production of certified copy of this order. Thereafter, the authority concerned may proceed for executing the partition decree. 5. With the aforesaid observations, writ petition stands disposed of. September 11, 2025 SK Goswami Versus Counsel for Petitioner(s) : Rama Shanker, Shyamdhar Pandey Counsel for Respondent(s) : C.S.C. (Rohit Ranjan Agarwal,J.) Sechani Devi .....Petitioner(s) State Of Up And 6 Others .....Respondent(s) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad