Ram Sringar Upadhyay v. Sub District Magistrate, Akbarpur, Ambedkar Nagar and 13 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5143 of 2023 Petitioner :- Ram Sringar Upadhyay Respondent :- Sub District Magistrate, Akbarpur, Ambedkar Nagar And 13 Others Counsel for Petitioner :- Pankaj Kumar Shukla,Pramod Kumar Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard Sri Dhirendra Kumar Agnihotri Advocate holding brief of Sri Pankaj Kumar Shukla, learned counsel for the petitioner, learned State counsel appearing for the respondent No. 1 and Sri Mohan Singh, learned counsel appearing for the respondent No. 2/Land Management Committee concerned. In view of order proposed to be passed, issuance of notice to the private-respondents is hereby dispensed with. By means of this petition, the petitioner seeks expeditious disposal of Case No. T201904040103239 (Ram Sringar Upadhyay vs. Anjani Kumar and others) filed under Section 116 of U.P. Revenue Code, 2006, which is pending before the respondent No. 1/Sub District Magistrate, Akbarpur, District Ambedkar Nagar. It is stated that as per Rule 109(10) of U.P. Revenue Code Rules, 2016 made under the U.P. Revenue Code, 2006, a suit for partition preferred under Section 116 of the Code of 2006 should preferably be decided within a period of six months. However, in the instant case, the case, in issue, has not been disposed of till date despite the fact that the same is pending since 2019 and on account of pendency of the same, the petitioner, who is aged about 69 years, is suffering great hardship and mental agony. In these circumstances, indulgence of this Court is required in the matter. The prayer is to expedite the proceedings of pending case. Learned State counsel submits that he has no objection in case an expedite order is passed. Considering the facts and circumstances of the case, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is disposed of with a direction to the respondent No.1 to consider and decide the Case No. T201904040103239 (Ram Sringar Upadhyay vs. Anjani Kumar and others) most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party preferably within a period of six months from the next date fixed in the case, if possible and if there is no other legal impediment in this regard. It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 11.10.2023/Arun/- High Court of Judicature at Allahabad, Lucknow Bench