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2025 DAILYLAW 137379 (ALL)

RAMASHANKER MAURYA AND ANOTHER v. UPZILADHIKARI JUDICIAL,TEHSIL PATTI, PRATAPGARH AND OTHERS

A227/2483/2025 · 2025-05-01

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25114 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2483 of 2025 Petitioner :- Ramashanker Maurya And Another Respondent :- Upziladhikari Judicial,Tehsil Patti, Pratapgarh And Others Counsel for Petitioner :- Ashok Kumar Mishra Counsel for Respondent :- C.S.C.,Pankaj Gupta 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:- "Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to direct the trial court concerned expeditiously decide the case for division of holdings bearing case No. 1516/2024 under section 116 U.P.Revenue code Reeta Devi Vs. Ram Samujh and others filed by the opposite party no.2 pending before the opposite party no.1/ Upziladhikari (Judicial) Tehsil Patti, Distt. Pratapgarh within a period of 3 months or stipulated time as provided by this Hon'ble court in the interest of justice." 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 March 2024 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 in issue, detailed in the 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 decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 1.5.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench