Dashrath v. Sheo Babu Yadav and 4 Others

Court No. - 51 Case :- WRIT - C No. - 40574 of 2023 Petitioner :- Dashrath Respondent :- Sheo Babu Yadav And 4 Others Counsel for Petitioner :- Rakesh Kumar Srivastava,Nimai Srivastava Counsel for Respondent :- Azad Rai Hon'ble Chandra Kumar Rai,J.

¶1Counsel for the petitioner is permitted to implead Sub Divisional Officer, Phoolpur, District Prayagraj as respondent no.6 in the writ petition during course of the day.

¶2Heard Counsel for the petitioner and learned Standing Counsel for State-respondents.

¶3The instant writ petition has been filed praying for a mandamus directing respondent No.6, Sub Divisional Magistrate, Phoolpur, District Prayagraj to decide the case No. 332 of 2020 under Section 116 of U.P. Revenue Code, 2006 within stipulated period.

¶4Counsel for the petitioner submitted that the aforesaid suit for partition is pending before respondent no.6 for adjudication.

¶5Certified copy of the order sheet has been annexed as Annexure No.2 to the writ petition in order to demonstrate that the case is not proceeding as provided under Rule 109 (10) of U.P. Revenue Code, Rules 2016.

¶6Considering 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.6, Sub Divisional Magistrate, Phoolpur, District Prayagraj to consider and decide the aforementioned suit 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 :- 4.12.2023 Vandana Y. High Court of Judicature at Allahabad