Court No. - 18
Case :- WRIT - C No. - 15475 of 2018 Petitioner :- Jamil Ahmad Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Devendra Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri Devendra Kumar Singh, learned counsel for the petitioner and Sri Rajesh Srivastava, learned Standing Counsel for the State respondent nos.1 & 2.
Notice need not be issued to the private respondent nos.3 and 4, in view of the order proposed to be passed.
The petitioner is before this Court with request to issue direction to the second respondent, Sub Divisional Magistrate, Tehsil Bindki, District Fatehpur to comply with the order dated 27.2.2018 passed in Case No. 780 of 2018 and in Case No. 781 of 2018 (Jamil Ahmad Vs. Shabbir Khan) under Section 116 of U.P. Revenue Act, 2006 within stipulated time.
Learned counsel for the petitioner states that in the aforesaid proceeding under Section 116 of U.P. Revenue Act, 2006 the suit property has been divided and the preliminary decree has already been made. At no point of time, the aforesaid preliminary decree has been assailed by the private respondents and as such, for all practical purposes the same has attained finality. The request has been made to issue direction to the second respondent for making final decree in compliance of the aforesaid order dated 27.2.2018.
In view of the above, on consent and without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the second respondent, Sub Divisional Magistrate, Tehsil Bindki, District Fatehpur to pass appropriate orders in compliance of the order dated 27.2.2018 forthwith, in case there is no other legal impediment.
Order Date :- 30.4.2018 RKP