Satya Prakash vs Sub Divisional Magistrate And 13 ...
2019 Latest Caselaw 3505 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - C No. - 9383 of 2019
 

 
Petitioner :- Satya Prakash
 
Respondent :- Sub Divisional Magistrate And 13 Others
 
Counsel for Petitioner :- Nafis Ahmad,Mohd. Nizam Uddin
 
Counsel for Respondent :- C.S.C.,Diwakar Singh
 

 
Hon'ble Shashi Kant Gupta,J.

Hon'ble Pankaj Bhatia,J.

The writ petition, interalia, has been filed for the following reliefs:

"(1) issue suitable order or direction commanding and directing the respondent nos. 2 and 3 to comply the order dated 28.02.2019 passed by the Sun-Divisional Magistrate, Soraon, Allahabad.

(2) issue suitable order or direction in the nature commanding the respondent nos. 2 and 3 to maintain the peace till the decision of stay application (6C) dated 29.505.2018 as well as Case no. Nil of 2018, Satya Prakash Vs. Rameshwar and others, under section 116 Revenue Act, Mauza Ram Nagar, Gaziyari, Pragana and Tehsil, Soraon, District Allahabad pending in the Court of Sub-Divisional Magistrate,Soraon , Allahabad and further be directed to the respondent nos. 4 to 13 to maintain status quo till the disposal of the aforesaid suit."

Learned counsel for the petitioner submits that the petitioner filed a case before the Sub-Divisional Magistrate, Soraon, Allahabad for partition of the land of Khata No. 415 ( Gata No. 1948) measuring 0.3200 hectare under section 116 of the U.P. Revenue Code, 2006, situated at Muaza Ram Nagar Ghaziyari, Allahabad which was registered as Case No. T201802030303046 on 29.5.2018,Satya Prakash Vs. Rameshwar and others. It is further submitted that Sub-Divisional Magistrate, Soraon, Allahabad admitted the aforesaid case but the aforesaid suit has not been decided as yet. Learned counsel for the petitioner further submitted that the petitioner filed stay application in the aforesaid suit but despite order being passed by this Court on 26.7.2018, till date,the said stay application has not been disposed of as yet.

Since the civil suit has been filed by the petitioner before the Sub-Divisional Magistrate, Soraon,Allahabad, it is open for the petitioner to seek appropriate remedy before the appropriate authority/Court in accordance with law.

In view of the above, the present writ petition is not maintainable on the ground of alternative remedy, hence dismissed.

Order Date :- 25.4.2019

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