Dharam Praksh Singhal v. Apar Upziladhikari, Sadar Lko. Room No. 4 Lko. Collectrate Bhawan, Lko. and 9 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5223 of 2023 Petitioner :- Dharam Praksh Singhal Respondent :- Apar Upziladhikari, Sadar Lko. Room No. 4 Lko. Collectrate Bhawan, Lko. And 9 Others Counsel for Petitioner :- Indra Mani Pandey Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. In view of the order proposed to be passed by this Court, notice to the private-respondents is dispensed with. By means of the instant petition, the petitioner seeks expeditious disposal of Application No. 15380/2019, Computerized Case No. T201910460215380 (Dharam Prakash Singhal Versus Chandrapal and Others) under Section 116 of the U.P. Revenue Code, 2006 pending before the respondent No.1/Appar Upzildadhikari, Sadar, District Lucknow, pending since 2019. It is stated 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, however, in the instant case, the case is pending since 2019 and on account of pendency of the aforesaid case, petitioner, who is senior citizen, aged about 80 years is suffering great hardship. In these circumstances, indulgence of this Court is required. Prayer is to direct the respondent no.1, to consider and decide the proceedings expeditiously. Learned standing counsel submits that he has no objection in case an expedite order is passed. Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.1 to consider and decide the pending proceedings of Application No. 15380/2019, Computerized Case No. T201910460215380 (Dharam Prakash Singhal Versus Chandrapal and Others) 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 before it, if possible and if there is no other legal impediment in this regard. It is made clear that this 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. With the aforesaid, the petition is disposed of. Order Date :- 13.10.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench