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2025 DAILYLAW 133755 (ALL)

AJAY KUMAR AND 5 OTHERS v. SUB DIVISIONAL OFFICER, SOHAWAL, AYODHYA AND OTHERS

A227/2200/2025 · 2025-04-18

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21878 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2200 of 2025 Petitioner :- Ajay Kumar And 5 Others Respondent :- Sub Divisional Officer, Sohawal, Ayodhya And Others Counsel for Petitioner :- Vijay Kumar Yadav Counsel for Respondent :- C.S.C.,Mohan Singh 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:- "Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to direct the opp. party no. 1 to decide the case no. 284/2023 unger section 116 of U.P. Revenue Code 2006, relating to village Haribandhanpur, pargana Mangali, teh. Sohawal, Distt. Ayodhya, Ajay Kumar and others vs. Shiv Prasad and others expeditiously within the stipulated time as provided by this Hon'ble court in the interest of justice." 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 November 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 opposite party no.1 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 opposite party no.1 to consider and decide the pending proceedings of Case No. 284/2023 (Ajay Kumar and others vs. Shiv Prasad 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 :- 18.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench