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2025 DAILYLAW 131244 (ALL)

DVARIKA PRASAD AND OTHERS v. STATE OF U.P. THRU. COLLECTOR / DISTRICT MAGISTRATE, UNNAO AND OTHERS

A227/1898/2025 · 2025-04-07

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19205 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1898 of 2025 Petitioner :- Dvarika Prasad And Others Respondent :- State Of U.P. Thru. Collector / District Magistrate, Unnao And Others Counsel for Petitioner :- O.P. Tiwari Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey 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 direction to opposite party no. 2 i.e. Sub Divisional Magistrate (Judicial), Tehsil Sadar, District- Unnao for decide the Case No. 7405/2025, Computer Case No. T202510690107405, Dvarika Prasad and others Versus Kali Charan and others as soon as possible at an early date, which is pending since 02.03.2024." 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 March 2024 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.2 to consider and decide the pending proceedings of Case No. 7405/2025, Computer Case No. T202510690107405, (Dvarika Prasad and others Versus Kali Charan 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 :- 7.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench