Allahabad High Court
M/S HARIOM INDUSTRIES LIMITEDversusSTATE OF UTTAR PRADESH AND 6 OTHERS
- Decided
- Bench
- VIVEK SARAN
Holding
The Court issued a mandamus directing the revenue officer to decide the partition suit expeditiously within one year, thereby granting the petitioner's relief.
Summary
M/s Hariom Industries Ltd. filed a writ petition under Section 116 of the Uttar Pradesh Revenue Code, 2006, seeking a mandamus directing the revenue officer (respondent No.3) to decide a pending partition suit (Case No. 44493/2025) and to restrain private respondents from altering the disputed land. The petition argued that the suit had been pending for six months despite notice to the private respondents. The State's standing counsel raised no objection to the relief sought. The High Court, after hearing counsel, ordered the revenue officer to decide the partition suit expeditiously, preferably within one year of the order, provided no legal impediment exists. No other relief was granted, and the petition was disposed.
Issues considered
- Whether the High Court can issue a writ of mandamus directing a revenue officer to decide a pending partition suit within a stipulated time.
- Whether the Court can restrain private respondents from altering the nature of the land pending disposal of the partition suit.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 116
Subjects
- writ petition
- mandamus
- partition suit
- Uttar Pradesh Revenue Code
- land dispute
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 32004 of 2026
M/S Hariom Industries Limited
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akhil Agnihotri
Counsel for Respondent(s) : C.S.C., Hari Narayan Singh
Court No. - 5
HON'BLE VIVEK SARAN, J.
1. Heard Sri Akhil Agnihotri, learned counsel for the petitioner and learned
Standing Counsel for the State respondents.
2. The instant writ petition has been filed with the following prayer:-
"A. Issue a writ, order or direction in the nature of mandamus directing the respondent no.3
to decide the Partition Suit Case No. 44493/2025 bearing Computerized No.
T202503410144493 (M/s Hariom Industries Ltd. Vs. Anand Shukla and Other) filed by the
petitioner 19.11.2025 under section 116 of the Uttar Pradesh Revenue Code 2006 before
respondent no.3 within stipulated time bound period as may be determined by this Hon'ble
Court under the facts and circumstances of the case.
B. Issue a writ order or direction in the nature of mandamus commanding and restraining
the private respondents from changing the nature of land property in question situated over
Gata Nos. 854, 855 and 856, situated at Village Bhauti, Parganą and Tehsil Sadar,
District Kanpur Nagar till the disposal of suit bearing no. 44493/2025 bearing
Computerized No. T202503410144493 (M/s Hariom Industries Ltd. Vs. Anand
Shukla and Other) filed by the petitioner on 19.11.2025 under section 116 of
the Uttar Pradesh Revenue Code, 2006 filed by the petitioner for partition of
legal share of petitioner in the aforesaid property."
3. Learned counsel for the petitioner states that the partition suit was filed by
the petitioner, which is pending for the last six months and even notice for
appearance to the private respondents was published pursuant to the order
dated 18.12.2025 but still the case is not being heard and prays for
expeditious disposal of the same.
WRIC No. 32004 of 2026
2
4. Learned Standing Counsel does not have any objection to the prayer so
made by the learned counsel for the petitioner.
5. In such view of the matter, the instant petition is disposed of directing the
respondent no. 3 to decide Partition Suit Case No. 44493/2025 bearing
Computerized No. T202503410144493 (M/s Hariom Industries Ltd. Vs.
Anand Shukla and Other), expeditiously, preferably within a period of one
year from the date of production of a certified copy of this order, after
hearing all concerned, provided there is no legal impediment.
(Vivek Saran,J.)
September 23, 2026
gp
Digitally signed by :-
GANESH PRAKASH
High Court of Judicature at Allahabad
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