Zakir Ahmad and Another v. State of U.P. and 5 Others
Case brief
What is this about?
Writ petition by co-sharers aggrieved that a consolidated partition suit decree was remanded afresh by the first appeal and their second appeal dismissed. Court issued notices to respondent Nos. 5 and 6, fixed counter affidavit timelines and stayed the effect of appellate orders pending further orders.
What did the court decide?
Issue of notice to respondents Nos. 5 and 6; interim stay of Board of Revenue and Commissioner orders until further orders.
What the court decided
Court No. - 50
Case :- WRIT - B No. - 64 of 2025
Petitioner :- Zakir Ahmad And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Grijesh Tiwari,Kedar Nath Mishra Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Chandra Kumar Rai,J.
1.Heard Mr. Kedar Natha Mishra, learned counsel for the petitioners, Mr. Hari Mohan Srivastava, learned Additional Chief Standing Counsel for the State-respondents and Mr. Sudhir Bharti, learned counsel for the Land Management Committee.
2.Learned counsel for the petitioners submitted that suit for partition under Section 176 of U.P.Z.A. & L.R. Act filed by petitioner as well as contesting respondents were consolidated and heard together. He further submitted that aforementioned suit has been decreed considering the objection filed against the kurra prepared by the lekhpal. He submitted that first appeal filed by contesting respondents has been allowed and matter has been again remanded back before trial court for deciding the proceeding afresh, which is abuse of process of law. He submitted that both parties have been adjusted to the road side plot according to their share and possession, as such there was no occasion to remand the order again before the trial court to decide the proceeding afresh. He further submitted that second appeal filed by the petitioners has also been dismissed in arbitrary manner.
- Matter requires consideration.
Parties & counsel
- petitioner
Zakir Ahmad And Another
- respondent
State Of U.P.
- respondent
Respondent Nos. 5 and 6 (Land Management Committee parties)
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- WRIB/64/2025
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