Kamta Prasad v. State of U.P. and 8 Others

Court No. - 51 Case :- WRIT - C No. - 42098 of 2023 Petitioner :- Kamta Prasad Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Chandra Sen Pal Counsel for Respondent :- C.S.C.,Azad Rai Hon'ble Chandra Kumar Rai,J.

1.Heard Mr. Chandra Sen Pal, learned counsel for the petitioner, Mr. Govind Kumar Saxena, learned Standing Counsel for the State-respondents and Mr. Azad Rai, learned counsel for respondent No.3/Gaon Sabha.

2.The instant writ petition has been filed praying for a mandamus directing respondent No.2/ Sub Divisional Magistrate/ Phoolpur, District-Prayagraj to decide the case No. 307 of 2023, (Kamta Prasad and others) vs. Sonkali and others) under section 116 of U.P. Revenue Code, 2006 within stipulated period.

¶3Learned counsel for the petitioner submitted that the suit for partition filed on 08.06.2023 is pending before respondent No.2 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/ Sub Divisional Magistrate/ Phoolpur, District-Prayagraj 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 :- 6.12.2023 PS* High Court of Judicature at Allahabad