Dinesh Kumar and Another Vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Dinesh Kumar and Another Vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction issued to respondent no. 2 (Sub-Divisional Magistrate, Tehsil Phoolpur, District Prayagraj) to decide case no. 13798/2024 / T202402080213798 under Section 116 U.P. Revenue Code, 2006 in accordance with law, after hearing all affected parties, preferably within six months from production of certified copy of the order; writ petition disposed of without adjudicating merits.

Issue for consideration

Whether the Court should direct respondent no. 2 to decide, expeditiously, the pending partition-suit proceedings (case no. 13798/2024 / T202402080213798) under Section 116 U.P. Revenue Code, 2006.

Court's answer

The Court directed respondent no. 2 - Sub-Divisional Magistrate, Tehsil Phoolpur, District Prayagraj - to decide the case no. 13798/2024, computerize case no. T202402080213798 (Dinesh Kumar and others Vs. Shamshad Begum and others) under Section 116 U.P. Revenue Code, 2006.

Ratio / Principle

The said case is to be decided 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 the order.

Key takeaways

As no useful purpose would be served in keeping the matter pending, the writ petition was disposed of without calling for counter affidavit.ratio¶14
The Court expressly clarified that it had not adjudicated the matter on merits.obiter¶16

Detailed headnote1 paragraphs

Allahabad High Court (Rohit Ranjan Agarwal, J.), Writ-C No. 31868 of 2025, decided September 12, 2025 - Dinesh Kumar & Anr. v. State of U.P. & 3 Ors. Petition sought a mandamus directing respondent no. 2 to decide pending partition-suit proceedings under Section 116 U.P. Revenue Code, 2006 (case no. 13798/2024, computerize case no. T202402080213798, Dinesh Kumar & Ors. v. Shamshad Begum & Ors.), concerning land at Village-Sarai Sheshveer @ Salmapur, Pargana-Sikandra, Tehsil Phoolpur, District Prayagraj. Court disposed of the petition without calling for counter affidavit and directed respondent no. 2 - Sub-Divisional Magistrate, Tehsil Phoolpur - to decide the case in accordance with law after hearing all affected parties, preferably within six months of production of certified copy of the order. Court expressly stated it had not adjudicated the matter on merits. No precedent cases cited.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 31868 of 2025

Dinesh Kumar And Another

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Kuldeep Kumar
Counsel for Respondent(s)	: Azad Rai, C.S.C.

Court No. - 34

HON'BLE ROHIT RANJAN AGARWAL, J.

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

"(A) To issue a writ, order or direction in the nature of mandamus directing the respondent по. 2 to decide the case no. 13798/2024, computerize case no.T202402080213798 (Dinesh Kumar and others Vs. Shamshad Begum and others) under section 116 U.P. Revenue Code, 2006 situated at Village-Sarai Sheshveer @ Salmapur, Pargana-Sikandra, Tehsil Phoolpur, District-Prayagraj."

It is contended by learned counsel for the petitioner that a partition suit in proceedings under Section 116 of the U.P. Revenue Code, 2006, is pending consideration before the respondent no. 2. The sole prayer made 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, without calling for counter affidavit, with a direction to the respondent no. 2- Sub-Divisional Magistrate, Tehsil Phoolpur, District Prayagraj, to decide the case no. 13798/2024, computerize case no.T202402080213798 (Dinesh Kumar and others Vs. Shamshad Begum and others) under Section 116 U.P. Revenue Code, 2006, 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. September 12, 2025

A. V. Singh

(Rohit Ranjan Agarwal,J.)

Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad