RAMU @ RAMU SAROJ v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS
A227/2290/2025 · 2025-04-22
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135549 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135549 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:22734 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2290 of 2025 Petitioner :- Ramu @ Ramu Saroj Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Saroj Neelu Omkar,Shiv Lal Yadav Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. At the very outset, Ms. Saroj Neelu Omkar, learned counsel for the petitioner states that inadvertently "Gram Sabha, Vijaipur, Post- Vihar, Tehsil - Kunda, District - Pratapgarh" could not be impleaded in the array of the parties and accordingly, she may be permitted to implead
"Gram Sabha, Vijaipur, Post- Vihar, Tehsil - Kunda, District - Pratapgarh" as respondent no.5 in the array of the parties during course of the day. To the aforesaid prayer, no serious objection has been raised by the
learned counsel for the State. Considering the prayer sought as also that the same has not been opposed and further that acceding the prayer would not change the nature of the case, this Court is of the view that the prayer is liable to be acceded and is, accordingly, is acceded. Ms. Saroj Neelu Omkar, learned counsel for petitioner is permitted to implead "Gram Sabha, Vijaipur, Post- Vihar, Tehsil - Kunda, District - Pratapgarh" as respondent no. 5 in the array of parties during the course of day. Notice on behalf of "Gram Sabha" has been accepted by Shri Pankaj Gupta, Advocate. Heard.
In view of order proposed to be passed issuance of notice to respondent Nos. 3 and 4 is dispensed with. Present petition has been filed for expeditious disposal of Case No. T202402502570105403 (Ramu Saroj Vs. Dhunna and Others), filed under Section 116 of U.P. Revenue Code, 2006 (in short "Code, 2006") which is pending before Sub Divisional Magistrate, Tehsil - Kunda, District- Pratapgarh.
3. Taking note of the fact as indicated in the present petition that the case, in issue, filed under Section 116 of the Code of 2006 is pending
consideration before the Sub Divisional Magistrate, Tehsil - Kunda, District- Pratapgarh since 2024 as also 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, this Court is of the opinion that no gainful purpose will be served in keeping the present petition pending. Accordingly, the present petition is disposed of with direction to Sub Divisional Magistrate, Tehsil - Kunda, District- Pratapgarh to consider and decide the Case No., quoted above, 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 in the case, if there is no other legal impediment. It is made clear that the 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.
Order Date :- 22.4.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench