Smt. Rani Mishra v. State of U.P. and 12 Others

Court No. - 51 Case :- WRIT - C No. - 40952 of 2023 Petitioner :- Smt. Rani Mishra Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Kunjesh Kumar Dubey Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.

¶1Heard Sri Kunjesh Kumar Dubey, learned counsel for the petitioner and Sri Abhishek Shukla, learned Addl. C.S.C. for the state-respondents.

¶2The instant writ petition has been filed, seeking a writ of mandamus, commanding respondent no.2/S.D.M., Phoolpur, Prayagraj to decide Partition Suit No.124/2022 (Smt. Rani Mishra vs. Surya Bali and Others), under Section 116 of the U.P. Revenue Code, 2006, within the stipulated time.

¶3Counsel for the petitioner states that the aforesaid partition suit is pending before respondent no.2 since 2022. Copy of the order sheet has been annexed as Annexure No.4 to the writ petition, in order to demonstrate that the case is not proceeding expeditiously.

¶4In view of the facts and circumstances of the case, without expressing any opinion on the merits of the case, this petition is disposed of with the direction to respondent no.2 to decide the aforesaid proceedings to its logical conclusion, as expeditiously as possible, preferably within a period of 4 months, from the date of production of a certified copy of this order before the authority concerned, after affording proper opportunity of hearing to the parties concerned, in accordance with law. Order Date :- 12.12.2023 C.Prakash High Court of Judicature at Allahabad