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Neutral Citation No. - 2025:AHC:13317 Court No. - 50 Case :- WRIT - C No. - 2384 of 2025 Petitioner :- Sundar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Anupam Prasad,Ranjeet Kumar Patel Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.
1. Heard Raneet Kumar Patel, learned counsel for the petitioner and Mr. S.P. Singh, learned Standing Counsel for the State-respondent.
2. The instant petition has been filed for following relief:- I. Issue a writ, order or direction in the nature of mandamus directing the respondent No. 2, to conclude and decide the Case No. 499 of 2023 (Sundar vs. Ram Bhavan and others), under Section 116 of the U.P. Revenue Code, 2006, since 11.07.2023 pending before the respondent No. 2 of Gata No. 147 and 150 area about 0.0500 hectare and 0.0400 hectare division of holdingf between co-sharer, situated at village-Kutub Patti urf Ahiyapur, Tehsil- Phoolpur, District Prayagraj .
3. Learned counsel for the petitioner submitted that suit for partition filed on 11.07.2023, is pending before respondent No. 2, Sub-Divisional Officer, Tehsil-Phoolpur, District Prayagraj. He further placed a certified copy of the order- sheet of the proceeding, which is annexed as annexure-3 to the writ petition in order to demonstrate that the aforementioned matter is not proceeding, according to provisions contained under Rule 109 (10) of U.P. Revenue Code Rules, 2016.
4. Considering the facts and circumstance of the case, the instant petition is finally disposed of directing the respondent No. 2/Sub-Divisional Officer, Tehsil Phoolpur, District Prayagraj, to decide the aforementioned proceeding after affording proper opportunity of hearing to the parties expeditiously, preferably, within a period of six months from the date of production of a certified copy of this order before him. Order Date :- 24.1.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad