PANKAJ AND OTHERS v. SUB DIVISIONAL MAGISTRATE, TAHSIL LALGANJ, RAEBARELI AND OTHERS
A227/2081/2025 · 2025-04-15
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133612 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133612 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21055 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2081 of 2025 Petitioner :- Pankaj And Others Respondent :- Sub Divisional Magistrate, Tahsil Lalganj, Raebareli And Others Counsel for Petitioner :- Umesh Chandra Shukla,Shivangi Mishra Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey 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 an order or direction to the opposite party no. 1 i.e. The Sub Divisional Magistrate, Tahsil Lalganj, District-Raebareli to decide the case no. 140/2020-2021 Computerized No. T2025105804000002 Pankaj versus Arvind Kumar & others pending before The Sub Divisional Magistrate, Tahsil - Lalganj, District - Raebareli under section 116 of the Revenue Code, 2006 in respect of Village-Datauli, Pargana Dalmau, Tahsil- Lalganj, District-Raebareli, which is pending before him since 29/08/2029 as expeditiously within stipulated time." 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 2019 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 opposite party No.2/Sub Divisional Magistrate, Tahsil-Lalganj, District Raebareli to consider and decide the Case No. 140/2020-2021 (Computerized No. T2025105804000002) (Pankaj versus Arvind Kumar & 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 :- 15.4.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench