Petitioner sought mandamus for expeditious disposal of a partition suit. Respondent objected for lack of averments regarding service of notices. The court dismissed the writ petition at this stage.
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Court No. - 38
Case :- WRIT - C No. - 28656 of 2021
Petitioner :- Krishnaraj Singh Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Manoj Srivastava Counsel for Respondent :- C.S.C.,Azad Rai
Hon'ble Rajeev Misra,J.
Heard Mr. Manoj Srivastava, learned counsel for petitioner, learned Standing Counsel representing respondents 1 and 2 and Mr. Kuldeep Singh, Advocate, holding brief of Mr. Azad Rai, learned counsel representing respondent 3 Gaon Sabha.
Present writ petition has been filed for a writ of mandamus commanding respondent 2 Sub Divisional Magistrate, Tehsil Handia, District Allahabad, to decide Partition Suit No. 941 of 2021, (Krishnaraj Singh Vs. Sukhwanti Devi and others), under Section 116 U.P. Revenue Code 2006, within stipulated period fixed by this Court.
At the very outset, learned Standing Counsel has raised a preliminary objection by submitting that neither there is any averment in the writ petition that defendants in aforesaid partition suit have appeared nor there is an averment that Court below has recorded a finding regarding sufficiency of service of notice upon defendants in the aforesaid partition suit. On the aforesaid premise, learned Standing Counsel submits that in absence of above, no specific direction for expeditious disposal of aforementioned partition suit can be issued. Consequently, present writ petition is liable to be dismissed.
When confronted with above, learned counsel for petitioner could not overcome the same.
In view of above, present writ petition fails and is liable to be dismissed at this stage.
Accordingly, present writ petition is dismissed at this stage.
Order Date :- 2.11.2021 HSM
Krishnaraj Singh
State Of U.P.
Sub Divisional Magistrate, Tehsil Handia, District Allahabad
Rajeev Misra
As recorded by the court registry
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