RABIYA BEGAM v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND OTHERS
A227/1989/2025 · 2025-04-09
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132704 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132704 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20027 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1989 of 2025 Petitioner :- Rabiya Begam Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And Others Counsel for Petitioner :- Yogendra Pratap Singh Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard Ms. Shahjabeen, holding brief of Shri Yogendra Pratap Singh, learned counsel for the petitioner, learned Standing Counsel for the State and perused the record. 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 :-
"I. sue an appropriate order or direction to O.P. No.2 to decide the computerized case no. T202008300605311 of 2020 (Rabiya Begam vs Ram Bhajan and others) expeditiously within the time frame as may be fixed by the Hon'ble Court. II. Issue an appropriate order or direction to O.P. No.2 to decide the urgency application dated 09-12-2024 moved by the petitioner for the purpose of expeditious disposal of the computerized case no. T202008300605311 of 2020, expeditiously within the time frame as may be fixed by the Hon'ble Court." 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, 2020 and on account of pendency of the same, the petitioner, as stated, who is aged about 57 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.T202008300605311 of 2020 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