Smt. Neelam Tiwari v. Sub Divisional Officer (Judicial) Lalganj Distt. Pratapgarh and 8 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 6296 of 2023 Petitioner :- Smt. Neelam Tiwari Respondent :- Sub Divisional Officer (Judicial) Lalganj Distt. Pratapgarh And 8 Others Counsel for Petitioner :- Puttu Lal Misra Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Shree Prakash Singh,J. Heard learned counsel for the petitioner, learned Standing Counsel for the State, Sri Pankaj Gupta,learned counsel for the Gaon Sabha and perused the material placed on record. The instant petition under Article 227 of the Constitution of India has been filed with the prayer to direct the opposite party no. 1 i.e. Sub.Divisional OfÏcer(Judicial), Lalganj, District-Pratapgarh to decide the petitioner's suit seeking partition by means of plaint dated 11-10-2022, bearing Case No. T202202570205139, filed under section 116 of the U.P. Revenue Code, 2006, expeditiously, within such period, which may kindly be stipulated by this Hon'ble Court. Learned counsel appearing for the petitioner submits that the matter pertains to the year 2022, but, even after passing of one year, the proceeding of the case has not been concluded as yet. After arguing at length, learned counsel appearing for the petitioner submits that interest of justice would be sub-served if this Hon'ble Court may be pleased to direct the opposite party no. 1 to decide the matter within the stipulated period of time as may be fixed by this court. Learned State counsel as well as learned counsel for the Gaon Sabha have no objection. Considering aforesaid innocuous prayer, the opposite party no. 1 is directed to decide the Case No. T202202570205139, filed under section 116 of the U.P. Revenue Code, 2006, within a period of six months, from the date a certified copy of this order is produced before it, in accordance with law,after affording opportunity of hearing to all the parties concerned, if there is no legal impediment. The aforesaid order is subject to cooperation of the petitioner. It is further provided that the authority concerned shall not grant any unnecessary adjournment to either of the parties. With the aforesaid observation, the instant petition stands disposed of. Order Date :- 18.12.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench