Mahendra v. State of U.P. and 3 Others

Court No. - 51 Case :- WRIT - C No. - 40687 of 2023 Petitioner :- Mahendra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Sumer Chaudhary Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.

¶1Heard Counsel for the petitioner and Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for State-respondents.

¶2The instant writ petition has been filed praying for a mandamus directing respondent No.2, Sub Divisional Magistrate, Sadar District-Maharajganj to decide the case No. T202305470111506 of 2022 (Rajendra Vs. Mahendra and Others) under Section 116 of U.P. Revenue Code, 2006 within stipulated period.

¶3Counsel for the petitioner submitted that the aforesaid partition suit filed at the instance of respondent no.4 is pending since September 2022. He further submitted that petitioner is defendant in the pending suit.

¶4Certified copy of the order sheet has been annexed as Annexure No.3 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.

¶5Considering 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, Sub Divisional Magistrate, Sadar District-Maharajganj to consider and decide the aforementioned suit in accordance with law expeditiously and preferably within a period of four 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 :- 28.11.2023/ Vandana Y. High Court of Judicature at Allahabad