Om Prakash v. State of U.P. and 14 Others

Court No. - 51 Case :- WRIT - C No. - 35958 of 2023 Petitioner :- Om Prakash Respondent :- State Of U.P. And 14 Others Counsel for Petitioner :- Vinod Kr Pandey Counsel for Respondent :- C.S.C.,Pradeep Singh Hon'ble Chandra Kumar Rai,J.

¶1Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State-respondents and Mr. Pradeep Singh learned counsel for respondent no.3 Gaon Sabha.

¶2The instant writ petition has been filed praying for a mandamus directing respondent no.2/ Up-Ziladhikari, Tehsil and District Bhadohi to decide the partition suit filed by petitioner under Section 116 of U.P. Revenue Code 2006 being Case No. T-202316670503312 (Om Prakash vs. Kamalapati and others), pending before him within a stipulated period.

¶3Learned counsel for the petitioner submitted that the aforementioned case is pending since 17.03.2023 for adjudication. He further placed certified copy of the order sheet, which has been annexed as Annexure No.2 to the writ petition in order to demonstrate that the case is not proceeding, according to the provisions contained under Rule 109 (10) of U.P. Revenue Code Rules 2016.

¶4Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to respondent no.2 to consider and decide the aforementioned case in accordance with law expeditiously and preferably within a period of six months from the date of production of certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties. Order Date :- 28.10.2023 Jitendra High Court of Judicature at Allahabad