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Court No. - 50 Case :- WRIT - C No. - 2389 of 2025 Petitioner :- Ramesh Chand Respondent :- Gopal Prasad And 14 Others Counsel for Petitioner :- Santosh Kumar Singh Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C. Hon'ble Chandra Kumar Rai,J.
1. Heard Sri Santosh Kumar Singh, learned counsel for the petitioner, Sri Anjani Kumar Chaurasiya, learned Standing Counsel for the State and Sri Avinash Chandra Srivastava, learned Standing Counsel for the Gaon Sabha.
2. The instant petition has been filed for following relief:-
"(i) Issue a writ, order or direction in the nature of mandamus directing to respondent no. 14 to decide the Suit No. 01935/2020 Computerized Case No. T202001500401935 (Ramesh Chand Vs. Gopal Prasad and others) under Section 116 of the U.P. Revenue Code 2006 expeditiously within stipulated period. ii) Issue any other writ order of direction as this Hon'ble Court may deem fit and proper upon the facts and in the circumstances of the case, in favour of the petitioner. iii) Award cost of the writ petition."
3. Learned counsel for the petitioner submitted that a suit for partition under Section 116 of the U.P. Revenue Code, 2006 filed on behalf of the petitioner is pending before respondent no. 14-Sub-Divisional Magistrate, Tehsil-Mant, District- Mathura since 2020. He further placed a certified copy of the order-sheet of the pending proceeding, which is annexed as annexure no. 2 to the instant writ petition in order to demonstrate that the matter is not proceeding expeditiously.
4. Considering the facts and circumstances of the case as well as in view of the provisions contained under Rule, 109 (10) of U.P. Revenue Rules 2016, the instant petition is finally disposed of directing to respondent no. 14-Sub-Divisional Magistrate, Tehsil-Mant, District-Mathura to decide the aforementioned partition suit, after affording proper opportunity of hearing to both the parties expeditiously, preferably within a period of six months from the date of production of a certified copy of the order of this Court. Order Date :- 24.1.2025 Neetu Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad