Shiv Kumar vs State of U.P. - 2025 Supreme(All) 3259

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(All) 3259

IN THE HIGH COURT OF ALLAHABAD
CHANDRA KUMAR RAI
Shiv Kumar – Appellant
Versus
State of U.P. – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. R.C. Singh, Senior Counsel, Mr. S.K. Chaubey
For the Respondent: Mr. Vinod Kumar Singh, Senior Counsel, Mr. Ram Singh, Mr. Sant
Ram Sharma, Mr. Raj Kumar Singh, Standing Counsel

Table of Content
1. facts surrounding the partition suit and court applications. (Para 1 , 2)
2. arguments regarding the necessity of additional issues. (Para 3 , 4)
3. court's reasoning on the sufficiency of existing issues. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11)
4. final decision dismissing the writ petition. (Para 12)

JUDGMENT :

Chandra Kumar Rai, J.

1. Heard Mr. R.C. Singh, learned Senior Counsel assisted by Mr. S.K. Chaubey, learned Counsel for the petitioner, Mr. Vinod Kumar Singh, learned Senior Counsel assisted by Sri Ram Singh, learned counsel for respondent No.5, Mr. Sant Ram Sharma, learned counsel for the Nagar Panchayat and Mr. Raj Kumar Singh, learned Standing Counsel for the State-respondents.

2. Brief facts of the case are that petitioner and respondent no.5 are real brothers. A suit for partition under Section 116 of the U.P. Revenue Code, 2006 was filed by respondent no.5/Kashi Prasad, impleading the petitioner as defendant in respect to plot no.408/1, area 0.903 hect., situated at Village Baruwa Syodha, Naraini, Pergana & Tahsil- Naraini, District Banda, claiming ½ share. Petitioner appeared in the aforementioned suit and filed his written statement. During pendency of the