RAM MURTI YADAV v. SUB DIVISIONAL MAGISTRATE,TEHSIL LALGANJ, PRATAPGARH AND OTHERS
A227/2135/2025 · 2025-04-16
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134252 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134252 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21236 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2135 of 2025 Petitioner :- Ram Murti Yadav Respondent :- Sub Divisional Magistrate,Tehsil Lalganj, Pratapgarh And Others Counsel for Petitioner :- Pravin Kumar Singh Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard Ms. Astha Singh learned Advocate holding brief of Sri Pravin Kumar Singh, learned Counsel for the petitioner and learned State Counsel. 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:-
"(1) to issue an appropriate order or direction under the supervisory jurisdiction of this Hon'ble Court to the opposite party No. 1 i.e. Sub Divisional Magistrate, Tehsil - Lalganj, District Pratapgarh to decide the case bearing No. 1371/2023 having computerized Case No. T202302570201371 "Ram Murti Vs. Ram Deen" under section 116 of U.P. Revenue Code, 2006, expeditiously within stipulated time. (contained as Annexure No.1)." 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 February 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 respondent 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 respondent No.1 to consider and decide the pending proceedings of case in issue, detailed in prayer clause, 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 :- 16.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench