SARHAN AHMAD v. STATE OF U.P. THRU. SECY. REVENUE, LKO. AND AND OTHERS
A227/1538/2025 · 2025-03-24
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129397 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129397 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:16640 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1538 of 2025 Petitioner :- Sarhan Ahmad Respondent :- State Of U.P. Thru. Secy. Revenue, Lko. And And Others Counsel for Petitioner :- Vanshraj Dubey,Vijay Pathak Counsel for Respondent :- C.S.C. 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 :-
"Issue any order or direction, commanding the opposite party no 2 to consider and decide the suit for partition under section 116 of U.P. Revenue Code 2006 pending before the Sub Divisional Magistrate Tehsil Bikapur District Ayodhya since 01.07.2022, which was registered as Case No. 3076/2022(Sarhan Ahmad Vs. Nayab Ahmad and others Computerized case No.T202204230303076) from as an earliest with in any stipulated period which this Hon'ble Court may deem fit and proper The Copy of the memo of Plaint is being annexed herewith as Annexure No 1 to this petition." 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, 2022 and on account of pendency of the same, the petitioner, as stated, who is aged about 50 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.2 to consider and decide the Case No. 3076/2022 (Computerized case No.T202204230303076) "Sarhan Ahmad Vs. Nayab Ahmad 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 :- 24.3.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench