Surat Singh vs Nepal Singh And Others

Alok Kumar Verma, J

This writ petition has been filed under Article 227 of the Constitution of India with the following prayers:-

“(i) Issue a writ, order or direction to the learned Sub Divisional Magistrate / Assistant Collector I Class, Roorkee to get demarcate the lots confirmed in partition Suit No. 51 of 2021-2022 Surat Singh Vs. Nepal Singh and others vide judgment and decree dated 13.12.2024, expeditiously and/or within the fixed time frame work as to be fixed by this Hon'ble High Court.

(ii) Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit, just and proper in the circumstances of the case as also in the interest of justice.

(iii) Allow the writ petition with costs.”

Mr. Siddhartha Singh, learned counsel for the petitioner and Mr. Lalit Miglani, learned counsel for the respondent no.4.

Mr. Siddhartha Singh, Advocate, submitted that the preliminary decree was passed on 23.05.2023. Thereafter, lots were prepared with the consent of the parties. The lots were confirmed by Assistant Collector, Ist Class vide judgment and order dated 13.12.2024. An Application dated 18.02.2025, filed by the petitioner –plaintiff to demarcate the lots, prepared on the basis of final decree dated 13.12.2024, is pending before the Sub- Divisional Magistrate/ Assistant Collector Ist Class, Roorkee, District Haridwar.

In the facts and circumstances of the case, the learned Sub-Divisional Magistrate/ Assistant Collector, Ist Class, Roorkee, District Haridwar is directed to decide the said Application dated 18.02.2025, filed by the petitioner- plaintiff, as expeditiously as possible, as per law, but not later than six weeks from the date of production of the certified copy of this order.

The writ petition is disposed of accordingly.

It is made clear that this Court has not expressed any opinion on the merit of the case.