Ram Kumar Vs State of U.P. and 5 Others — Allahabad HC (2025) — LawSathi Research

Ram Kumar Vs State of U.P. and 5 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent No. 2 (Sub Divisional Magistrate, Khair, District Aligarh) to decide the three partition suits in accordance with law after hearing all affected parties, preferably within six months from production of the certified copy of the order.

Issue for consideration

Whether the Court should direct respondent No. 2 (described in the prayer as the Sub Divisional Magistrate, Khair, District Aligarh) to decide the three pending partition suits (Case Nos. T202418020108717, T-202418020108718 and T-202418020108719, Ram Kumar Vs. Shiv Kumar and others) within a fixed time frame.

Court's answer

The writ petition was disposed of at the admission stage, without calling for a counter affidavit or issuing notice to the private respondents.

Ratio / Principle

A direction was issued upon respondent No. 2 to decide Case Nos. T202418020108717, Case No.T202418020108718 and Case No.T-202418020108719 (Ram Kumar Vs. Shiv Kumar and others).

Key takeaways

The suits were to be decided in accordance with law after hearing all affected parties, preferably within six months from the date of production of a certified copy of the order.ratio¶10
The Court expressly clarified that it had not adjudicated the matter on merits; this caveat limits the effect of the disposal directions.obiter¶12

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Rohit Ranjan Agarwal, J.), WRIT - C No. 19746 of 2025 (Ram Kumar v. State of U.P. and 5 Others), order dated 8.7.2025: disposed of at the admission stage, without calling for counter affidavit or issuing notice to private respondents. Sole relief sought was expeditious disposal of three suits for partition under Section 116 of the U.P. Revenue Code, 2006 (Case Nos. T202418020108717, Case No.T-202418020108718 and Case No.T-202418020108719, Ram Kumar v. Shiv Kumar and others) pending before respondent No. 2, the Sub Divisional Magistrate, Khair, District Aligarh. Directed respondent No. 2 to decide the said cases in accordance with law after hearing all affected parties, preferably within six months from the date of production of the certified copy of the order. Court clarified that it did not adjudicate the matter on merits.

Neutral Citation No. - 2025:AHC:107509

Court No. - 34

Case :- WRIT - C No. - 19746 of 2025

Petitioner :- Ram Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Chandan Singh,Shardendu Mishra,Udai Singh Kushwaha

Counsel for Respondent :- C.S.C.,Krishna Kant Singh

Hon'ble Rohit Ranjan Agarwal,J.

This writ petition has been filed with the following prayer:-

"Issue a writ, order or direction in the nature of mandamus commanding the respondent No. 2 (Sub Divisional Magistrate, Khair, District Aligarh) to decide the suit for division in Case Nos. T202418020108717, Case No.T202418020108718 & Case No.T-202418020108719 (Ram Kumar Vs. Shiv Kumar and others) within a short period fix by this Hon'ble Court."

It is contended by learned counsel for the petitioner that suit for partition under Section 116 of the U.P. Revenue Code, 2006 being Case Nos. T202418020108717, Case No.T-202418020108718 & Case No.T-202418020108719 (Ram Kumar Vs. Shiv Kumar and others) is pending consideration before respondent no. 2. The sole prayer made in the writ petition is for expeditious disposal of the same.

As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon respondent No.2 to decide Case Nos. T202418020108717, Case No.T202418020108718 & Case No.T-202418020108719 (Ram Kumar Vs. Shiv Kumar and others), in accordance with law, after hearing all affected parties, preferably within a period of six months from the date of production of certified copy of this order.

With the aforesaid directions, writ petition stands disposed of.

It is made clear that this Court has not adjudicated the matter on merits.

Order Date :- 8.7.2025 Kushal

Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad