Mohammad Rais Khan v. State of U.P. Thru. District Magistrate, Ayodhya and Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5655 of 2023 Petitioner :- Mohammad Rais Khan Respondent :- State Of U.P. Thru. District Magistrate, Ayodhya And Others Counsel for Petitioner :- Sunil Kumar Singh Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Notices on behalf of the respondent nos. 1 and 2 have been accepted by office of learned Chief Standing Counsel and Sri Mohan Singh, learned Advocate has accepted notice on behalf of respondent no. 14-Gaon Sabha. In view of the order proposed to be passed by this Court, notice to the private-respondents is dispensed with. The present petition has been filed for the following main relief:- "i. Issue a order directing the opposite parties no. 2 to consider and decide the partition suit no. T202304230102744, under Section 116 U.P. Revenue Code 2006, (Mohammad Rais Khan versus Bismilla Kham and others) pending before the S.D.M. Sadar, District Ayodhya." 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 March 2023 and on account of pendency of the aforesaid case, petitioner is suffering great hardship. In these circumstances, indulgence of this Court is required. Prayer is to direct the respondent no.2, 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. Accordingly, the present petition is disposed of with direction to consider and decide the pending proceedings of Suit No. T202304230102744 (Mohammad Rais Khan versus Bismilla Kham 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 benefit of this order would be available to the petitioner, if he appears on each date fixed in the matter. It is also 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 :- 6.11.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench