Najra Begum and 2 Others v. State of U.P. and 8 Others

Court No. - 51 Case :- WRIT - C No. - 40357 of 2023 Petitioner :- Najra Begum And 2 Others Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Vishnu Murti Tripathi Counsel for Respondent :- C.S.C.,Azad Rai Hon'ble Chandra Kumar Rai,J.

¶1Heard Counsel for the petitioner, learned Standing Counsel for State-respondents and Mr. Azad Rai, Counsel for respondent no.9, Gaon Sabha.

¶2The instant writ petition has been filed praying for a mandamus directing respondent No.2, Upziladhikari, Tehsil Chayal, District Kaushambhi to decide the case No. 2900 of 2023, Computerized case No. T202302420502900 within stipulated period.

¶3Counsel for the petitioner submitted that the aforementioned partition suit filed at the instance of the petitioner is pending before respondent no.2 since June, 2023 but till date the preliminary decree has not been passed in the aforementioned suit.

¶4Copy 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, Upziladhikari, Tehsil Chayal, District Kaushambhi to consider and decide the aforementioned partition 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 :- 7.12.2023/ Vandana Y. High Court of Judicature at Allahabad