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2025 DAILYLAW 136360 (ALL)

ANISHA BEGUM v. SUB DIVISIONAL MAGISTRATE, PARGANA CHANDA,TEHSIL LAMBHUA, SULTANPUR AND OTHERS

A227/2378/2025 · 2025-04-28

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24041 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2378 of 2025 Petitioner :- Anisha Begum Respondent :- Sub Divisional Magistrate, Pargana Chanda,Tehsil Lambhua, Sultanpur And Others Counsel for Petitioner :- Manoj Kumar Shukla,Atul Kumar Singh Counsel for Respondent :- C.S.C.,Mohan Singh 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 :- "i. issue an order or direction, commanding or directing to Sub-Divisional Magistrate, Pargana- Chanda, Tehsil- Lambhua, District-Sultanpur, i.e to opposite Party no.1, to decide the the Regular Suit No.-T- 202404680305667, under section - 116 U.P. Revenue Code- 2006, Anisha Begum Versus Rajkali & Others, which is pending before him, within a stipulated time period as fixed by this 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 2022 and on account of pendency of the same, the petitioner, as stated, who is aged about 60 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.1/S.D.M., Tehsil Lambhua, District Sultanpur to consider and decide the Regular Suit No.T202404680305667 (Anisha Begum Versus Rajkali & 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 :- 28.4.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench