NOKHELALversusSTATE OF U.P. AND 6 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - C No. - 30312 of 2026

Nokhelal
                                                              .....Petitioner(s)
                                   Versus

State Of U.P. And 6 Others
                                                            .....Respondent(s)

Counsel for Petitioner(s)                    :     Sarvanand Pandey
Counsel for Respondent(s)                    :     C.S.C.

Court No. - 37
                  HON'BLE CHANDRA KUMAR RAI, J.

1. Heard Sri Sarvanand Pandey, learned counsel for the petitioner
and Sri Awadhesh Kumar Patel, learned standing counsel for the
state-respondents.

2. The instant writ petition has been filed for the following reliefs:-

     "(i) To issue a writ, order or direction in the nature of
     mandamus directing the respondent no.2 to decide the stay
     application dated 16.04.2026, submitted by the petitioner in
     Case No.5060/2026 (Computer Case No.T202605440405060)
     under Section 116 U.P. Revenue Code, 2006, pending in the
     court of Sub-divisional Magistrate, Kasya, Kushinagar, within
     stipulated time period as may be fixed by this Hon'ble Court.

     (ii) To issue a writ, order or direction in the nature of
     mandamus directing the private respondents to maintain
     status-quo with regard to nature, possession and user of the
     land in question being Khata No.159, Gata No.141 area
     measuring 0.344 hectare Misituated at village Bhaisahi, Tappa-
     Patyarpar,    Pargana-Sidhwa-jobana,        Tehsil-Kasya,   District-
     Kushinagar, till the disposal of Case No. 5060/2026 (Computer
     Case No.T202605440405060) under Section 116 U.P. Revenue
     Code, 2006, pending in the court of Sub-divisional Magistrate,
     Kasya, District-Kushinagar."

3. Counsel for the petitioner submitted that suit for division of holding
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                                    filed on behalf of the petitioner along with stay application dated
                                    16.4.2026 is pending before respondent no.2/Sub Divisional Officer.
                                    He submitted that the private respondent is interferring with the
                                    possession of the petitioner, as such, respondent no.2 be directed to
                                    decide the stay application dated 16.4.2026 and till then the parties
                                    be directed to maintain status quo with respect to nature and
                                    possession of the plot in question.

                                    4. I have considered the arguments advanced by learned counsel for
                                    the parties and perused the records.

                                    5. There is no dispute about the fact that suit for division of holding
                                    filed on behalf of the petitioner along with stay application is pending
                                    before respondent no.2.

                                    6. Considering the circumstances of the case, interest of justice
                                    requires that the pending suit proceeding be decided expeditiously.

                                    7. Considering the entire facts and circumstances of the case, without
                                    expressing any opinion on the merits of the case, this petition is
                                    disposed of with the direction to respondent no. 2 to decide the
                                    aforementioned suit proceedings under Section 116 of the U.P.
                                    Revenue Code, 2006, as expeditiously as possible, preferably within
                                    a period of 6 months, from the date of production of a certified copy of
                                    this order before the authority concerned, after affording proper
                                    opportunity of hearing to the parties concerned, in accordance with
                                    law. It is further directed that all the pending applications in the
                                    aforementioned suit shall be decided by the authority before deciding
                                    the suit on merit, in accordance with law.



                                                                                   (Chandra Kumar Rai,J.)
                                    September 14, 2026
                                    C.Prakash




Digitally signed by :-
CHANDRA PRAKASH
High Court of Judicature at Allahabad