Dismissed

Rama Shankar v. State of Up and 6 Others

Allahabad HC9 Jul 2024WRIC/18363/2024

Case brief

AI extract

What is this about?

The Single Judge of the High Court of Allahabad, through a short order, disposed of a writ petition challenging a remand order in a partition suit. The Court directed the Sub Divisional Officer to decide the suit afresh within six months.

What did the court decide?

A direction to the Sub Divisional Officer to decide the partition suit within six months strictly in accordance with law.

Rama Shankar vs State of Up and 6 Others — Partition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:111683

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Court No. - 50

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Case :- WRIT - C No. - 18363 of 2024 Petitioner :- Rama Shankar Respondent :- State Of Up And 6 Others Counsel for Petitioner :- Dinesh Kushwaha,Udham Singh Counsel for Respondent :- Azad Rai,C.S.C.

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Hon'ble Ashutosh Srivastava,J.

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1.Heard Sri Ajay Kumar Singh holding brief of Sri Udham Singh, learned counsel for the petitioner as well as leaned Standing counsel for the State-respondents.

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Sri Azad Rai, Advocate has accepted notice on behalf of respondent no.4/ Land Management Committee.

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Considering the nature of order i.e. proposed to be passed, the notice upon the respondent nos. 5 to 7 is being dispensed with.

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Challenge in this writ petition is to the order dated 16.05.2024 passed by the respondent no.2/Additional Commissioner (Administration),Prayagraj Division, Prayagraj whereby the order dated 03.04.2024 passed by the respondent no.3 namely SubDivisional Officer, Tehsil Handia, District Prayagraj in partition Suit No. 3174 of 2020, under Section 116 of U.P. Revenue Code, 2006 decreeing the suit for half share has been set aside and the matter has been remanded back to the Sub Divisional Officer, Tehsil Handia, District Prayagaraj to decide the suit afresh.

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Learned counsel for the petitioner submits that parties were under settled possession pursuant to the family arrangement entered into between them. It was duly recorded by the Sub Divisional Officer, Tehsil Handia, District Prayagaraj in partition Suit No.3174 of 2020. Further, in the appeal preferred by the respondents the order has been set aside and the matter has been remanded for decision afresh.

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After some argument, learned counsel for the petitioner submits that writ petition be disposed of with a direction to the respondent no.3 namely Sub-Divisional Officer, Tehsil Handia, Prayagraj in seizing of the partition Suit No. 3174 of 2020, under Section 116 of U.P. Revenue Code, 2006 to decide the same within time framed fixed by this Court.

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Having heard learned counsel for the parties, this Court is of the opinion that no useful purposed would be served by keeping this petition pending and same is accordingly disposed of requiring the respondent no.3/Sub-Divisional Officer, Handia, Prayagraj seized with the partition suit No. 3174 of 2020 which has been directed to be decided afresh under the order of respondent no.2/Additional Commissioner (Administration),Prayagraj Division, Prayagraj dated 16.05.2024, to conclude and decide the same expeditiously preferably within a period of six months strictly in accordance with law.

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With the aforesaid observations, the writ petition is disposed of.

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Order Date :- 9.7.2024 AKT

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Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad

Rama Shankar v. State of Up and 6 Others

Case brief

What is this about?

What did the court decide?

Rama Shankar v. State of Up and 6 Others

Case brief

What is this about?

What did the court decide?

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