Disposed¶20

Pramod Kumar Gupta v. Sub Divisional Magistrate, Tehsil Bilgram, Hardoi and Others

Allahabad HC17 Sept 2025A227/5584/2025

Case brief

AI extract

What is this about?

Article 227; MATTERS UNDER ARTICLE 227 No. 5584 of 2025; mandamus; expeditious disposal; time-bound direction; two months; certified copy; Partition Case No. 202410330301106; Section 49 U.P Tenancy Act; partition; Sub-Divisional Magistrate Bilgram Hardoi; Laxmi Narayan Gupta v. Pramod Kumar Gupta; pending since 2023; no merits adjudicated; Manjive Shukla, J.; September 17, 2025.

What did the court decide?

Direction to Respondent No.1 (Sub-Divisional Magistrate, Hardoi) to consider and decide Partition Case No.202410330301106, Laxmi Narayan Gupta and Ors. v. Pramod Kumar Gupta and Ors., under Section 49 of the U.P Tenancy Act, expeditiously, preferably within two months from presentation of a certified copy of the order, provided there is no legal impediment. ¶20

Pramod Kumar Gupta Vs Sub Divisional Magistrate… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a mandamus should issue commanding Respondent No.1 (Sub-Divisional Magistrate, Bilgram, Hardoi) to decide Partition Case No. 202410330301106 under Section 49 of the U.P Tenancy Act, pending since 2023, within a stipulated time.

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Court's answer

On the categorical instructions received from Respondent No.1 through his letter dated 15.09.2025, the petition is finally disposed of with a direction to Respondent No.1, i.e., Sub-Divisional Magistrate, Hardoi, to consider and decide Partition Case No.202410330301106 (Laxmi Narayan Gupta and Ors. v. Pramod Kumar Gupta and Ors.) under Section 49 of the U.P Tenancy Act, expeditiously.

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Ratio / Principle

The decision is to be made preferably within two months from the date of presentation of a certified copy of the order before the Sub-Divisional Magistrate, Hardoi, provided there is no legal impediment.

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Key takeaways

The Court expressly did not adjudicate upon the merits of the case; the order is confined to a time-bound direction for disposal.ratio¶21

Detailed headnote1 paragraphs

Article 227 petition by Pramod Kumar Gupta seeking a mandamus to Respondent No.1, Sub-Divisional Magistrate, Bilgram, Hardoi, to decide Partition Case No. 202410330301106 (Laxmi Narayan Gupta and others v. Pramod Kumar Gupta and others) under Section 49 of the U.P Tenancy Act, pending since 2023, within a stipulated time. Learned Standing Counsel stated on instructions (letter dated 15.09.2025) that the case would be decided within the time fixed by the Court. Held: petition finally disposed of with a direction to the Sub-Divisional Magistrate, Hardoi to consider and decide the partition case expeditiously, preferably within two months of presentation of a certified copy of the order, provided there is no legal impediment. The Court did not adjudicate upon the merits.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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MATTERS UNDER ARTICLE 227 No. - 5584 of 2025

Pramod Kumar Gupta

.....Petitioner(s)

Versus

Sub Divisional Magistrate, Tehsil Bilgram, Hardoi And Others

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.....Respondent(s)

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Counsel for Petitioner(s)	: Vishnu	Dev Shukla
Counsel for Respondent(s)	: C.S.C.,	Ram Kumar Singh

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Court No. - 30

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HON'BLE MANJIVE SHUKLA, J.

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Heard Mr. Rajesh Kumar Dwivedi, learned counsel appearing for the petitioner, learned State Counsel appearing for Respondent No.1 and Ms. Pallavi Singh, Advocate holding brief of Mr. Ram Kumar Singh, learned counsel for Respondent No.7.

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The instant petition has been filed by the petitioner, inter alia praying therein for the following relief:

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"i. to issue an order, or direction in the nature of mandamus commanding respondent no.1 to decide the Partition Case No. 202410330301106 Laxmi Narayan Gupta and others versus Pramod Kumar Gupta and others under Section 49 of the U.P Tenancy Act pending before him i.e. Sub Divisional Magistrate Bilgram, Hardoi since 2023 within the time as stipulated by the Hon'ble Court in accordance with the law.

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ii. to issue other orders or directions as deemed fit and proper under the circumstances of the case.

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iii. to allow this petition with cost."

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Learned Standing Counsel, on the basis of instructions received from the Respondent No.1 i.e., Sub-Divisional Magistrate, Hardoi, has submitted that the case, subject matter of this petition, shall be decided, expeditiously, within the time frame fixed by this Court.

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A227 No. 5584 of 2025

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¶19

The instructions provided to learned State Counsel are taken on record.

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In view of the categorical instructions received from Respondent No.1 through his letter dated 15.09.2025, this petition is finally disposed of with a direction to Respondent No.1, i.e., Sub-Divisional Magistrate, Hardoi to consider and decide the Partition Case No.202410330301106 Laxmi Narayan Gupta and Ors. Vs. Pramod Kumar Gupta and Ors. , under Section 49 of the U.P Tenancy Act, expeditiously, preferably within a period of two months from the date of presentation of certified copy of this order before him, provided there is no legal impediment.

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Needless to say that this Court has not adjudicated upon merits of the case.

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(Manjive Shukla,J.)

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September 17, 2025

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V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Pramod Kumar Gupta v. Sub Divisional Magistrate, Tehsil Bilgram, Hardoi and Others

Case brief

What is this about?

What did the court decide?

Pramod Kumar Gupta v. Sub Divisional Magistrate, Tehsil Bilgram, Hardoi and Others

Case brief

What is this about?

What did the court decide?

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What the court decided

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