The High Court dismissed a writ petition seeking mandatory relief to partition specific agricultural land parcels. The court held that partition proceedings must be initiated under Section 116 of the U.P. Revenue Code, 2006, rather than through a writ of mandamus.
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Neutral Citation No. - 2023:AHC:235693
Court No. - 51
Case :- WRIT - C No. - 42773 of 2023
Petitioner :- Ram Bahori Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Suresh Chandra Counsel for Respondent :- C.S.C.
Hon'ble Chandra Kumar Rai,J.
"a. Issue a writ, order or direction in the nature of mandamus for directing the respondent no. 2 to divide the Gata No. 1674/1, 1691, 2188 (ka), 2213, 2214, 2185 having total area 2.5630 hectares, Gata No. 1640 and 2298 (kha) having total area 0.9270 hectares and Gata No. 1639, 2189, 2724/2173, 1694, 2201, 2202, 2203, 2204(mi), 1568/1/2 having total area 3.1810 hectares situated at Village Ora, Tehsil and Pargana Karbi, District- Chitrakoot between the petitioner and respondent no. 4."
Order Date :- 12.12.2023 Anjali
Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether a writ of mandamus under Article 226 can be used to direct partition of agricultural holdings or if proceedings under Section 116 of the U.P. Revenue Code, 2006 must be initiated.
Whether the High Court should exercise jurisdiction under Article 226 to order partition of the specified land plots.
1 provisions across 1 enactments
Ram Bahori
State Of U.P.
Chandra Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
