SHIVMOORAT SINGH v. SUB DIVISIONAL OFFICER, TEHSIL KUNDA, PRATAPGARH AND OTHERS
A227/1509/2025 · 2025-03-20
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129194 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129194 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:16029 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1509 of 2025 Petitioner :- Shivmoorat Singh Respondent :- Sub Divisional Officer, Tehsil Kunda, Pratapgarh And Others Counsel for Petitioner :- Dileep Singh Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. 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(s):-
"(I) To direct the opposite party No.1 i.e. Sub Divisional Officer, Tehsil - Kunda, District Pratapgarh to decide the suit bearing case no 7736/2024 (computerized No.T202402570107736) "Shiv Moorat Singh Vs. Jitendra Singh and others" pending before him, expeditiously within a stipulated period as fixed by this Hon'ble Court. (contained as Annexure No.1)" 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 July, 2024 and on account of pendency of the same, the petitioner, as stated, who is aged about 72 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/Sub Divisional Officer, Tehsil- Kunda, District- Pratapgarh to consider and decide the Case No. 7736/2024, Computerized Case No. No.T202402570107736 (Shiv Moorat Singh Vs. Jitendra Singh and others) 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 :- 20.3.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench