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2025 DAILYLAW 137688 (ALL)

SMT. SEEMA DEVI v. STATE OF U.P. THRU. SUB DIVISIONAL MAGISTRATE, KUNDA, DISTT. PRATAPGARH AND 3 OTHERS

A227/2559/2025 · 2025-05-05

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25694 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2559 of 2025 Petitioner :- Smt. Seema Devi Respondent :- State Of U.P. Thru. Sub Divisional Magistrate, Kunda, Distt. Pratapgarh And 3 Others Counsel for Petitioner :- Vaibhav Shukla 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 record. 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:- "Issue a direction commanding the opposite party No.1 i.e. Learned Court of Sub Divisional Magistrate, Kunda, District Pratapgarh to decide the partition suit/case no T202402570108446 under section 116 of the U.P. Revenue code 2006 by name of Seema Devi Vs. Jadawati filed by the petitioner expeditiously within a fixed period which may be deemed proper 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 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 authority concerned, 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 disposed of with direction to respondent No.1 to consider and decide the pending proceedings of Case No. T202402570108446 (Seema Devi Vs. Jadawati) 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 :- 5.5.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench