Charu Bhardwaj v. State of U.P. Thru. Prin. Secy. Revenue Lko. and 2 Others

Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 6122 of 2023 Petitioner :- Charu Bhardwaj Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 2 Others Counsel for Petitioner :- Mohammad Irfan Siddiqui Counsel for Respondent :- C.S.C. Hon'ble Rajnish Kumar,J. Heard Sri Mohd. Irfan Siddiqui learned counsel for the petitioner and learned Standing counsel. This petition has been filed for a direction to decide the declaratory suit no.2014 of 2022 (Yash Bhardwaj & another vs Jaydad Late Sudhansu Bhardwaj & others) under Section 151 CPC pending in the Court of Civil Judge, (Senior Division), Lucknow whereas no suit can be filed under Section 151 CPC. Therefore, the prayer seems to be defective. Even otherwise, submission of learned counsel for the petitioner is that the case was fixed for orders by means of the order dated 30.11.2022 but till date the order has not been pronounced whereas subsequent ordersheet annexed by the petitioner indicates that subsequently evidence has been filed. It is also not clear that as to which stage, the suit is pending. The suit is of the year 2022, therefore, no direction can be issued at this stage. At this stage, learned counsel for the petitioner submits that the petitioner does not want to press the present petition and the same may be dismissed as not pressed. In view of the above, the petition is dismissed as not pressed. As prayed by learned counsel for the petitioner, office is directed to return the certified copies of the documents annexed with the present petition to learned counsel for the petitioner as per rules after keeping the photocopies of the same on record. (Rajnish Kumar,J.) Order Date :- 7.12.2023/Harshita High Court of Judicature at Allahabad, Lucknow Bench