Writ petition dismissed as cause of action no longer survives since the co-sharer's transfer of share, permitted by the respondent, had already taken place, leaving the matter for the pending civil partition suit.
No order as to costs.
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 568 of 2013
Mahadev Prasad … Petitioner Vs
Assistant Collector 1st Class & others … Respondents
Mr. D.C.S. Rawat, Advocate, present for the petitioner. Mr. Paresh Tripathi, Additional C.S.C., present for the State of Uttarakhand.
Hon’ble Kalyan Jyoti Sengupta, J. (Oral)
I am of the view that this writ petition is not required to be entertained as the cause of action for filing the writ petition does not survive. One of the co-sharers has obtained permission of respondent No. 1 for sale of his share to the third party. Pursuant to such permission, the transfer has taken place. It appears that partition suit is pending before the civil court. It would be open for the petitioner to agitate all points before the civil court. Therefore, the writ petition is dismissed.
No order as to costs.
(K.J. Sengupta, J.)
21.03.2013 ASWAL
Mahadev Prasad
Assistant Collector 1st Class
Kalyan Jyoti Sengupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
