Disposed

Ram Shabd v. Sub Divisional Magistrate , Jaisinghpur , Sultanpur and Others

Allahabad HC31 Jul 2024/6301/2024

Case brief

AI extract

What is this about?

This High Court, recognizing that partition proceedings instituted in 2016 under Section 176 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, remained pending since the preliminary decree in 2023 due to non-preparation of documents, directed the Regional Lekhpal to submit the required kurra within two weeks and the Sub-Divisional Magistrate to pass final orders within six months.

What did the court decide?

The Regional Lekhpal was directed to submit a kurra within two weeks; the Sub-Divisional Magistrate was directed to pass final orders within six months and consider interim relief within three weeks.

Ram Shabd Vs Sub Divisional Magistrate , Jaisinghpur… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:52187

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Court No. - 7

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Case :- WRIT - C No. - 6301 of 2024

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Petitioner :- Ram Shabd Respondent :- Sub Divisional Magistrate , Jaisinghpur , Sultanpur And Others Counsel for Petitioner :- Atma Ram Mishra,Samanvya Dhar Dwivedi

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Counsel for Respondent :- C.S.C.,Mohan Singh

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Hon'ble Alok Mathur,J.

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Heard Sri A.R. Mishra, learned counsel for petitioner as well as learned Standing Counsel for respondent Nos. 1 to 3 and Sri Mohan Singh, learned counsel for respondent No. 4.

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In light of the proposed order, notices to private respondents are dispensed with.

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It has been submitted by learned cousnel for petitioner that petitioner is 1/3rd owner of part of the land of Khata No. 154, situated at Village - Padumra, Paragana - Baraunsa, Tehsil - Jaisinghpur, District - Sultanpur and has been instituted a suit for partition under Section 176 of U.P. Zamindari Abolition and Land Reforms Act, 1950 before Sub-Divisional Magistrate, Jaisinghpur, Sultanpur in the year 2015 which was subsequently numbered as Case No. 819/2016. Notices were issued to the respondents therein who had put in appearance and filed their objections and after hearing the parties, the preliminary decree was passed on 11.09.2023.

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The grievance of the petitioner is that despite passing of the preliminary decree and also it is specifically directed, the Regional Lekhpal did not have prepared the Kurra and site plan nor he has produced the same before the authority concerned due to which the proceedings are pending and on the other hand private respondents are proceeding to make further construction on the said land arbitrarily. In the aforesaid, a prayer has been made for expediting the aforesaid proceedings.

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Learned counsel for respondents do not objection to the prayer made by learned counsel for petitioner. Accordingly considering the fact that proceedings are pending since 2016 and also that a preliminary decree has been passed, a case for interference is made out.

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Accordingly, respondent No. 3/Regional Lekhpal, Revenue Village - Padumra, Pargana - Baraunsa, District - Sultanpur is directed to submit a kurra in terms of preliminary decree passed by Sub-Divisional Magistrate, Jaisinghpur, Sultanpur dated 11.09.2023 within two weeks of receipt of certified copy of this order and on receipt of the Kurra, the Sub-Divisional Magistrate, Jaisinghpur, Sultanpur shall proceed to consider and pass final orders expeditiously, say, within a period of six months thereafter. The Sub-Divisional Magistrate, Jaisinghpur, Sultanpur is also directed to consider the application of the petitioner for interim relief within a period of three weeks from the date, a certified copy of this order is produced before him in accordance with law.

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With the aforesaid observations / directions, the writ petition stands disposed of.

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(Alok Mathur, J.)

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Order Date :- 31.7.2024 Ravi/

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Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench

Ram Shabd v. Sub Divisional Magistrate , Jaisinghpur , Sultanpur and Others

Case brief

What is this about?

What did the court decide?

Ram Shabd v. Sub Divisional Magistrate , Jaisinghpur , Sultanpur and Others

Case brief

What is this about?

What did the court decide?

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