Saiyed Jaigam Abbas Thru. Mukhtar Mohd. Rais Khan v. State of U.P. Thru. Secy. Revenue, Lucknow and Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5169 of 2023 Petitioner :- Saiyed Jaigam Abbas Thru. Mukhtar Mohd. Rais Khan Respondent :- State Of U.P. Thru. Secy. Revenue, Lucknow And Others Counsel for Petitioner :- Sunil Kumar Singh,Shishir Bajpai Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J.

¶1Heard.

¶2In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.

¶3Present petition has been filed for expeditious disposal of Case No. T202204230101134 filed under Section 116 of U.P. Revenue Code, 2006 which is pending before respondent No.2.

¶4Taking note of the fact as indicated in the present petition that the case, in issue, filed under Section 116 of the Code of 2006 is pending consideration before the opposite party No.2 since July, 2021 as also that as per Rule 109(10) of the U.P. Revenue Code Rules, 2016, a suit for partition should be decided preferably within a period of six months, this Court is of the opinion that no gainful purpose will be served in keeping the present petition pending.

¶5Accordingly, the present petition is disposed of with direction to respondent No.2/Sub Divisional Magistrate, Sadar, District-Ayodhya to consider and decide the Case No. T202204230101134, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of six months from the next date fixed in the case, if there is no other legal impediment.

¶6It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law. Order Date :- 12.10.2023/Mohit Singh/- High Court of Judicature at Allahabad, Lucknow Bench