The High Court of Judicature at Allahabad dismissed the writ petition seeking orders against restraining construction in a private dispute where a partition suit was pending before a civil court.
The writ petition was dismissed; no relief was granted to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 7
Case :- WRIT - C No. - 37210 of 2022
Petitioner :- Reeta Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Chandra Kumar Rai,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
The instant petition has been filed for mandamus commanding respondent no.1 i.e. Sub-Divisional Magistrate to decide the application / representation dated 18.11.2022 filed by the petitioner within stipulated period.
Learned counsel for the petitioner submitted that the partition suit under Section 116 of U.P. Revenue Code, 2006 filed by the petitioner is pending before SubDivisional Officer, Manjhanpur, Kaushambi. He further submitted that one application dated 18.11.2022 has been filed before the District Magistrate, Manjhanpur, Kaushambi with the prayer that contesting respondents who are defendants in the partition suit be restrained from raising construction over the disputed plot.
The prayer made in the application dated 18.11.2022 as well as the prayer made in the writ petition cannot be granted as dispute is a private dispute and partition suit is pending before the Court concerned.
No interference is required in the matter under Article 226 of the Constitution of India.
The writ petition is devoid of merit and is accordingly dismissed.
Order Date :- 27.2.2023
Rameez
Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad
3 issues framed by the court
Whether writ jurisdiction under Article 226 can be exercised to grant an injunction in a private partition suit pending before the civil court.
Whether the Sub-Divisional Magistrate can order a stopping of construction over a disputed plot where a partition suit is pending.
Whether a mandamus can be issued commanding the Sub-Divisional Magistrate to decide a representation quickly in a private land dispute.
2 provisions across 2 enactments
Reeta Devi
State Of U.P.
2 Others
Chandra Kumar Rai
As recorded by the court registry
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