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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32238 of 2026 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Sri Dharmendra Kumar Maurya, learned counsel for the petitioner, Sri Awadhesh Kumar Patel, learned standing counsel for the state-respondents and Sri Azad Rai, learned counsel for the respondent-gaon sabha. 2. The instant writ petition has been filed for the following reliefs:-
"1. Issue an order or direction in the nature of mandamus, commanding the respondent no.3/Sub Divisional Magistrate, Phulpur, Prayagraj to hear and decide the Suit No.346 of 2023 (Ram Shankar vs. Ram Babu and Others), under Section 116 of the U.P. Revenue Code, 2006 expeditiously within the stipulated period. 2. Issue an order, directing the parties to maintain status quo, restraining the opposite parties from changing the nature of the land in question and creating third-party-interest of the land in question and not to interfere in the peaceful possession of the petitioner over the property till the disposal of the suit before the court below."
3. Counsel for the petitioner submitted that suit for division of holding filed on behalf of the petitioner under Section 116 of the U.P. Revenue Code, 2006, is pending before respondent no.3/Sub Divisional Magistrate since 2023. He placed the order-sheet of the pending proceeding, in order to demonstrate that the case is not Versus Counsel for Petitioner(s) : Dharmendra Kumar Maurya Counsel for Respondent(s) : Azad Rai, C.S.C. Rama Shankar .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
proceeding expeditiously. He also placed the averments made in the writ petition as well as in the plaint filed before the trial court in order to demonstrate that interim injunction for maintaining status quo is required in the instant matter. 4. I have considered the arguments advanced by learned counsel for the petitioner and perused the records. 5. There is no dispute about the fact that suit for division of holding filed by the petitioner is pending before respondent no.3. 6. Considering the circumstances of the case, the interest of justice requires that the respondent-authority should be directed to decide the pending proceeding under Section 116 of the U.P. Revenue Code, 2006 expeditiously in accordance with law. 7.
Considering the entire facts and circumstances of the case, without expressing any opinion on the merits of the case, this petition is disposed of with the direction to respondent no.3 to decide the aforesaid proceedings to its logical conclusion, as expeditiously as possible, preferably within a period of 6 months, from the date of production of a certified copy of this order before the authority concerned, after affording proper opportunity of hearing to the parties concerned, in accordance with law. September 17, 2026 C.Prakash WRIC No. 32238 of 2026 2 (Chandra Kumar Rai,J.) Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad