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2025 DAILYLAW 138155 (ALL)

AYODHYA PRASAD v. SUB DIVISIONAL OFFICER, TEHSIL KUNDA, PRATAPGARH AND OTHERS

A227/2599/2025 · 2025-05-06

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26193 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2599 of 2025 Petitioner :- Ayodhya Prasad Respondent :- Sub Divisional Officer, Tehsil Kunda, Pratapgarh And Others Counsel for Petitioner :- Shailendra Pratap Singh,Adarsh Mahendra Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, Shri Yogesh Kumar Awasthi, learned Standing Counsel for the State/opposite party No.1 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. Issue an order or direction, directing the opposite party No.1 to expedite the hearing of Case No.3126/2023, "Ayodhya Prasad Vs. Gaya Prasad and others" Under section 116 of U.P. Revenue Code 2006 which is pending since 11-07-2023 before the Opposite party no.1, in the interest of justice." 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 July, 2023 and on account of pendency of the same, the petitioner, as stated, who is aged about 72 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/Sub Divisional Officer, Tehsil-Kunda, District Pratapgarh to consider and decide the Case No.3126/2023, (Ayodhya Prasad Vs. Gaya Prasad and others), Under section 116 of U.P. Revenue Code 2006, 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 :- 6.5.2025/ML Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench