Sushama Maurya v. State of U.P. Thru. Addl. Chief Secy. Deptt. Revenue, Lucknow and Others

Court No. - 1 Case :- WRIT - C No. - 10563 of 2023 Petitioner :- Sushama Maurya Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Revenue, Lucknow And Others Counsel for Petitioner :- Shubham Tiwari,Vinod Kumar Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Om Prakash Shukla,J.

¶1Heard learned counsel for the parties.

¶2The present writ petition filed by the petitioner has sought the following reliefs:- "I. Issue writ, order or direction in the nature of mandamus commanding opposite parties to physically divide the land bearing Gata No.1250, Bainti Kalan, Lambhua, District-Sultanpur in pursuance of order dated

30.06.2021 by the O.P. No.3 i.e. Sub-Divisional Magistrate, Lambhua, District Sultanpur in Case No.2502/2017 Computerized Case No.T2017046850032502 "Vandana Devi vs. Kripa Shankar" under Section 116 of Uttar Pradesh Revenue Code, 2006 contained as ANNEXURE No.-1 to the writ petition. II. Issue writ, order or direction in the nature of mandamus commanding opposite parties to consider and decide the representations contained as ANNEXURE No.-5 to the writ petition. III. Issue writ, order or direction in mandamus commanding opposite parties not interfere and create hindrance in the peaceful possession of petitioner over the land in question."

¶3Revision is already pending before the competent revisional court.

¶4In these circumstances, a direction sought for execution of the partition decree, cannot be granted.

¶5Petitioner may approach the revisional court so that the pending revision is decided at the earliest. In case any such application is made, the revisional court shall proceed with the matter and decide the same expeditiously.

¶6The writ petition is, accordingly, disposed of. (Om Prakash Shukla, J.) (Attau Rahman Masoodi, J.) Order Date :- 5.12.2023 Shubhankar High Court of Judicature at Allahabad, Lucknow Bench