Smt. Atri and 4 Others v. State of U.P. and 15 Others

Court No. - 47 Case :- WRIT - C No. - 41440 of 2023 Petitioner :- Smt. Atri And 4 Others Respondent :- State Of U.P. And 15 Others Counsel for Petitioner :- Rahul Kumar Tyagi Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Manish Kumar Nigam,J.

¶1Heard learned counsel for the parties and perused the record.

¶2This writ petition has been filed for following prayer: "(i) Issue an appropriate writ, order or direction for quashing the entire proceedings of Original Partition Suit No. 01811 of 2018, Computer Case No. T201811520101811; Association of Management Studies Vs. Rajbiri and others, pending before the Deputy Collector Revenue, Tehsil Sadar, District Meerut as well as quashing the impugned judgment and order dated

22.08.2023, passed by Respondent no. 2 in Original Partition Suit No. 01811 of 2018, Computer Case no. T201811520101811; Association of Management Studies Vs. Rajbiri and others, pending before the Deputy Collector Revenue, Tehsil Sadar, District Meerut (Annexure No. 1 to this writ Petition)."

¶3Learned counsel for the petitioner contended that the proceedings under Section 116 of U.P. Revenue Code, 2006 cannot be decided unless the title proceeding filed by the petitioner under Section 144 of U.P. Revenue Code, 2006 are decided.

¶4Contention of the learned counsel for the petitioner is misconceived. There is no bar that suit under Section 116 of U.P. Revenue Code, 2006 cannot proceed, in case the suit is filed thereafter under the provisions of Section 144 of U.P. Revenue Code, 2006. In the present case, the suit under Section 144 of U.P. Revenue Code, 2006 filed by the petitioner subsequent to the suit filed under Section 116 U.P. Revenue Code, 2006.

¶5It is further contended by learned counsel for the petitioner that the petitioner has moved an application under Section 10 of C.P.C. for stay of proceeding of one suit filed under Section 116 of U.P. Revenue Code, 2006 on the ground that the title suit filed under Section 144 of U.P. Revenue Code, 2006 is pending.

¶6Admittedly, the suit filed by the petitioner under Section 144 of U.P. Revenue Code, 2006 is subsequent suit and the provisions of Section 10 C.P.C. applies to a subsequent suit not to a previous suit. Question of title can also be decided while deciding the shares of the parties in proceedings under Section 116 of U.P. Revenue Code, 2006.

¶7The writ petition as framed is wholly misconceived and is accordingly dismissed. Order Date :- 1.12.2023 Ved Prakash (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad