TARA CHAND YADAV v. S.D.M., TEHSIL SAROJINI NAGAR, LKO. AND 7 OTHERS
A227/2393/2025 · 2025-04-28
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136469 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136469 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:23989 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2393 of 2025 Petitioner :- Tara Chand Yadav Respondent :- S.D.M., Tehsil Sarojini Nagar, Lko. And 7 Others Counsel for Petitioner :- Arvind Razdan,Ankur Razdan Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard Shri Ankur Razdan, learned counsel for the petitioner, Shri Neel Padamdhar, learned Standing Counsel for the State and perused the record. 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) To pass order or direction in favour of the petitioner and against the opposite parties thereby, ordering the opposite party no.1 to finally dispose off the Case No.22015/2021 (Tara Chand Yadav v/s Ram Narain And Others) pending before the opposite party no. 1 at the earliest or within the time allowed 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 December, 2021 and on account of pendency of the same, the petitioner, as stated,, 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., Sarojini Nagar, Lucknow to consider and decide the Case No.22015/2021 (Tara Chand Yadav Vs. Ram Narain and 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