ASHOK KUMAR YADAV AND 2 OTHERS v. STATE OF U.P. THRU. COLLECTOR, AMBEDKAR NAGAR AND OTHERS
A227/1723/2025 · 2025-04-01
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129204 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129204 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:17876 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1723 of 2025 Petitioner :- Ashok Kumar Yadav And 2 Others Respondent :- State Of U.P. Thru. Collector, Ambedkar Nagar And Others Counsel for Petitioner :- Triloki Nath Yadav Counsel for Respondent :- C.S.C. 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) Issue an order or direction commanding Sub-Divisional Officer (judicial) Tehsil Alapur, Ambedkar Nagar i.e. the opposite party no.2 to decide partition suit registered as case no. RST/2684/2023 computer case noT202304040402684 under section 116 of U.P. land Revenue code 2006 Case Styled as Ashok Kumar Yadav and Others Versus Ram Shakal and Others expeditiously in the interest of justice." 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 2023 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 aforesaid petition pending. It is accordingly dismissed with direction to respondent No... to consider and decide the pending proceedings of Case No. RST/2684/2023 computer case noT202304040402684 (Ashok Kumar Yadav and Others Versus Ram Shakal and Others ) 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 :- 1.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench