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2025 DAILYLAW 129749 (ALL)

SUKHDEV PANDEY v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE DEPTT., LKO AND 12 OTHERS

A227/1578/2025 · 2025-03-25

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17038 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1578 of 2025 Petitioner :- Sukhdev Pandey Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt., Lko And 12 Others Counsel for Petitioner :- Gyanendra Mishra 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 the learned Sub Divisional Officer Judicial Lambhua, Tehsil - Lambhua District-Sultanpur to consider and decide the Suit U/S 116 of U.P revenue code bearing case no.2080/2023 (Computerized Case No.T 202304680302080) titled as Smt. Prabhavati Devi & Ors. Versus OATH COKO Heera lal & ors. pending before learned Sub Divisional Officer Judicial Lambhua, Tehsil- Lambhua, District- Sultanpur within stipulated period of time." 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 authority concerned, 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 authority concerned to consider and decide the pending proceedings of Case No. 2080/2023, Computerized Case No. T 202304680302080, (Smt. Prabhavati Devi & Ors. Versus OATH COKO Heera lal & 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 :- 25.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench