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2025 DAILYLAW 137004 (ALL)

RAKESH KUMAR AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY., REVENUE DEPTT., LKO. AND OTHERS

A227/2472/2025 · 2025-04-30

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24650 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2472 of 2025 Petitioner :- Rakesh Kumar And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy., Revenue Deptt., Lko. And Others Counsel for Petitioner :- Vineet Kumar Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned Counsel for the petitioner, Sri Yogesh Awasthi, learned State Counsel and perused the records. 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:- "(i). Issue order or direction to opposite party no. 2 Sub-Divisional Magistrate (SDM) Maharajganj, District-Raebareli to consider and dispose of the case number T-202510580103106 Rakesh Kumar and others vs Rajesh Kumar and others under section-116 of Uttar Pradesh Revenue Code-2006 of Village- Kotwa Madaniya, Pargana-Maharajganj, District-Raebareli which is pending before opposite party no. 2 Sub-Divisional Magistrate (SDM) Maharajganj, District-Raebareli since 06.04.2023 and is contained in Annexure No.-1 of this petition, be disposed of expeditiously within the time prescribed by the Hon'ble." 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 April 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.2, 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.2 to consider and decide the pending proceedings of Case No. T- 202510580103106, (Rakesh Kumar and others vs Rajesh Kumar 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 :- 30.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench