Megh Nath v. State of U.P. and 5 Others

Court No. - 51 Case :- WRIT - C No. - 36905 of 2023 Petitioner :- Megh Nath Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Shivam Singh Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi Hon'ble Chandra Kumar Rai,J.

¶1Heard learned counsel for the petitioner, Mr Abhinav Ojha, learned Standing Counsel for the State-respondents and Mr. Bhupendra Kumar Tripathi, learned counsel for the respondent-Gaon Sabha.

¶2The instant petition has been filed for mandamus directing the respondent no.3 i.e. Sub-Divisional Magistrate, Sadar, District-Jaunpur to decide the Case No.374 of 2022 (Ashok Kumar Vs. Arvind Kumar and Others), under Section 116 of U.P. Revenue Code, 2006 within stipulated period.

¶3Learned counsel for the petitioner submitted that the aforementioned partition suit is pending for last more than one year. He further placed the certified copy of the order sheet of the case which has been annexed as Annexure No.3 to the petition in order to demonstrate that the case is not proceeding according to the provisions contained under Rule 109 (10) of U.P. Revenue Code Rules, 2016.

¶4Without expressing any opinion on merits of the case and keeping in view of the facts and circumstances, respondent no.3 is directed to decide the aforementioned case on merits after giving an opportunity of hearing to the parties in accordance with law expeditiously preferably within a period of six months from the date of production of certified copy of this order before him.

¶5Accordingly, the writ petition is finally disposed of. Order Date :- 9.11.2023 Rameez High Court of Judicature at Allahabad