Jai Prakash v. State of U.P. Thru. Secy. Revenue, Deptt., Lko. and Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5492 of 2023 Petitioner :- Jai Prakash Respondent :- State Of U.P. Thru. Secy. Revenue, Deptt., Lko. And Others Counsel for Petitioner :- Ram Suphal,Ravindra Kumar Yadava Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard. In view of the order proposed to be passed by this Court, notice to the private-respondent(s) is dispensed with. By means of the instant petition, the petitioners seek expeditious disposal of Case No.T-201904040401691 under Section 116 of the U.P. Revenue Code, 2006 pending before the respondent No.2. 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(s), petitioner is suffering great hardship. In these circumstances, indulgence of this Court is required. 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.2-Sub Divisional Magistrate, Alapur, District-Amedkar Nagar to consider and decide the Case No.T-201904040401691, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any adjournment to either of the parties preferably within a period of six months from the date next date fixed in the case, 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 :- 19.10.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench