ATIYA KAUSHAR AND ANOTHER v. STATE OF U.P. THRU. DISTRICT MAGISTRATE, AMBEDKAR NAGAR AND OTHERS
A227/1528/2025 · 2025-03-21
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129389 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129389 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:16346 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1528 of 2025 Petitioner :- Atiya Kaushar And Another Respondent :- State Of U.P. Thru. District Magistrate, Ambedkar Nagar And Others Counsel for Petitioner :- Jaskaran Lal Maurya Counsel for Respondent :- C.S.C.,Mohan Singh 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:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the opposite party no.2 (Sub-Divisional Magistrate, Tehsil-Rudauli, District- Ayodhya to decide the case of petitioners pending before him bearing Computerized Case No. T202004230703429 (Abdul Mabud & Another Versus Bal Govind & Others) under section 116 of the Land Revenue Code, 2006 expeditiously as soon as possible or within stipulated period of time as framed by this Hon'ble Court 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 February 2020 and on account of pendency of the aforesaid case, petitioners are 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.2 to consider and decide the pending proceedings of Case No. T202004230703429 (Abdul Mabud & Another Versus Bal Govind & 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 :- 21.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench