RAJKUMAR v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND 8 OTHERS
A227/1445/2025 · 2025-03-18
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128939 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128939 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:15731 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1445 of 2025 Petitioner :- Rajkumar Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 8 Others Counsel for Petitioner :- Sushil Kumar Yadav Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard. In view of the order proposed to be passed by this Court, notice to the private-respondent(s) is dispensed with. The present petition has been filed for the following main relief:-
"i. suitable direction commanding the opposite party no. 2;to decide the, Computerized case no-T 202502570102450, U/s- 116 of U.P. Revenue Code, titled as Ram Abhilakh and others Versus Gyan Chandra and others, Village-Maddupur, Tehsil Kunda, District- Pratapgarh, pending before him, within specific time frame as Court may deem fit just and proper;" It is stated that as per Rule 109(10) of the U.P. Revenue Code Rules, 2016, a suit for partition should be decided preferably within a period of six months, however, in the instant case, the case is pending since August 2019 and on account of pendency of the aforesaid case, petitioner is suffering great hardship. In these circumstances, indulgence of this Court is required. Prayer is to direct the respondent no.2, to consider and decide the proceedings expeditiously. Learned standing counsel submits that he has no objection in case an expedite order is passed. Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the present petition pending. It is accordingly disposed of with direction to respondent No.2 namely Sub Divisional Magistrate, Tehsil Kunda, District- Pratapgarh, to consider and decide the pending Case No. T202502570102450 most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of six months from the next date fixed before it, if possible and if there is no other legal impediment in this regard. It is made clear that this Court has not examined the case of either of the parties 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 :- 18.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench