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2025 DAILYLAW 138572 (ALL)

SMT. SAROJ UPADHAYAY v. SUB DIVISIONAL OFFICER IV, BARABANKI AND OTHERS

A227/2695/2025 · 2025-05-07

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26663 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2695 of 2025 Petitioner :- Smt. Saroj Upadhayay Respondent :- Sub Divisional Officer Iv, Barabanki And Others Counsel for Petitioner :- Dinesh Kumar Shukla Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. At the very outset, learned counsel for the petitioner Shri Dinesh Kumar Shukla prays for and is permitted to correct the numbering in the array of parties during course of the day. Heard learned counsel for the petitioner, Shri Pavan Kumar Maurya, 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 direct the court of Sub Divisional Magistrate IV Tehsil Nawabganj District Barabanki to decide the case No.7961/2024 (computerikrit case No.T202404120107961) (Smt. Saroj Upadhyay Vs. Ram Kumar and others) pending since 2024 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 April, 2024 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/Sub Divisional Officer-IV, District Barabanki to consider and decide the Case No.7961/2024 (Computerikrit Case No.T202404120107961) (Smt. Saroj Upadhyay Vs. Ram Kumar 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 :- 7.5.2025/ML Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench