Ram Awadh v. State of U.P. and Another

Court No. - 52 Case :- WRIT - C No. - 36472 of 2023 Petitioner :- Ram Awadh Respondent :- State of U.P. and Another Counsel for Petitioner :- Sumant Kumar Tiwari,Abhishek Chauhan,Ashish Mishra Counsel for Respondent :- C.S.C. Hon'ble Saurabh Srivastava,J.

¶1Heard Shri Sumant Kumar Tiwari, learned counsel for petitioner, learned Standing Counsel for the State-respondents.

¶2Present writ petition has been filed seeking a direction in the nature of mandamus to be issued in favour of the respondent no.2 to decide the suit for partition being Case No.5535 of 2021, Computerized No. T202105200205535 (Ram Awadh Vs. Subash and others), under Section 116 of U.P. Revenue Code, 2006 expeditiously.

¶3Learned counsel for petitioner submits that grievance of petitioner would sufÏciently be met in case, the aforesaid case is considered and decided in a time bound manner by respondent no. 2.

¶4Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending and an appropriate direction may be issued to respondent no.2 to consider the grievance of the petitioner.

¶5Be that as it may, without entering into the merits of the case as well as if there is no other legal impediment available, the respondent no.2 is hereby directed to consider and decide the suit for partition being Case No.5535 of 2021, Computerized No. T202105200205535 (Ram Awadh Vs. Subash and others), under Section 116 of U.P. Revenue Code, 2006, as expeditiously as possible, preferably within a period of nine months from the date of production of certified copy of this order, after affording proper opportunity of hearing to all the parties.

¶6With the aforesaid directions, the writ petition stands disposed of. Order Date :- 19.10.2023 RKM High Court of Judicature at Allahabad