ABDUL SATTAR v. SUB DIVISIONAL OFFICER, UTRAULA, BALRAMPUR AND OTHERS
A227/1990/2025 · 2025-04-09
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123002 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123002 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:19928 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1990 of 2025 Petitioner :- Abdul Sattar Respondent :- Sub Divisional Officer, Utraula, Balrampur And Others Counsel for Petitioner :- Syed Asaghar Mehdi,Manish Mani Tripathi Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J.
Learned counsel for the petitioner prays for and is permitted to make impleadment in the array of parties during course of the day. Heard Shri Gufran Mehdi, learned counsel for the petitioner, learned Standing Counsel for the State/opposite parties and perused the record. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. The instant petition has been preferred seeking following main relief :-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the Opposite Party No. 1 to decide the Case No.1091/2021 Under Section-116 U.P Revenue Code case style as "Bhoolan versus Subhan Ali and others" relating to Khasra No.2971/0.1150 hectare situated at village Utraula Gramin Pargana and Tehsil Utraula District Balrampur, pending before the court of Sub Divisional Officer, Tehsil Utraula District Balrampur in accordance within stipulated period as fixed by this Hon'ble Court." Taking note of Rule 109(10) of U.P. Revenue Code Rules, 2016 made under the U.P. Revenue Code, 2006, as per which, a suit for partition preferred under Section 116 of the Code of 2006 should preferably be decided within a period of six months, however, in the instant case, the case, in issue, has not been
disposed of till date despite the fact that the same is pending
since 2021 and on account of pendency of the same, the petitioner, as stated, who is aged about 64 years, is suffering great hardship and mental agony, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is disposed of with a direction to the respondent No.1/S.D.M., Utraula, District Balrampur, to consider and decide the Case No.1091/2021, Under Section-116 U.P Revenue Code, (Bhoolan versus Subhan Ali and others) relating to Khasra No.2971/0.1150 hectare, most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party preferably within a period of six months from the next date fixed in the case, if there is no other legal impediment in this regard. It is made clear that the Court has not examined the case of either party 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 :- 9.4.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench