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2025 DAILYLAW 132587 (ALL)

VISHNU PRATAP PANDAY AND OTHERS v. SUB DIVISION MAGISTRATE, TEHSIL KUNDA, PRATAPGARH AND OTHERS

A227/1967/2025 · 2025-04-09

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19969 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1967 of 2025 Petitioner :- Vishnu Pratap Panday And Others Respondent :- Sub Division Magistrate, Tehsil Kunda, Pratapgarh And Others Counsel for Petitioner :- Pankaj Kumar Shukla Counsel for Respondent :- C.S.C.,Pankaj Gupta 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 order or direction to expeditiously decide the suit for partition pertaining with case No3618 computerized no T201702574 40136 18 (Vishnu Pratap Panday & others vs Subhan Ali & others) under section 116 of U.P. revenue code pending in the court of S.D.M. Kunda, Pratapgarh." 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 2018 and on account of pendency of the same, the petitioners, as stated, are 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.1/S.D.M., Kunda, Pratapgarh to consider and decide the Case No.3618 (computerized Case No. T2017025744013618 (Vishnu Pratap Panday & others vs Subhan Ali & 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 one year 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 :- 9.4.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench