Neutral Citation No. - 2025:AHC-LKO:27133 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2656 of 2025 Petitioner :- Rajesh Respondent :- Sub Divisional Magistrate, Tehsil Karnailganj, District Gonda And 30 Others Counsel for Petitioner :- Chandra Shekhar Shukla Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, Shri Anurag 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 :- "1. Issue a order or direction, commanding to the opposite parties specially opposite party no. 1 i.e. Sub Divisional Magistrate, Tehsil -Karnailganj, District- Gonda. to decide the Case no. 3827/2022 and computer case no. T202208300503827, Ramesh versus Rajesh and other under section 116 of U.P Revenue Code 2006 pending in the court of opposite party no. I as early as possible within fixed time, framed by this Hon'ble Court. In the interest of Justice." Learned State Counsel Shri Anurag Kumar Maurya, based upon the instructions received from the Sub Divisional Magistrate (Judicial), Tahsil-Colonelganj, District-Gonda says that the application for recall of order dated 20.12.2023 passed in the Suit/Case No. 3827 of 2022 (Computerized case No.T202208300503827) (Ramesh versus Rajesh and other) seeking partition under Section 116 of the U.P. Revenue Code, 2006 (in short "Code of 2006"), and application seeking condonation of delay in filing the recall application are pending consideration in relation to which the present petition for the relief sought, quoted above, has been filed and the same shall be decided after providing opportunity of hearing to the parties concerned taking note of the law on the issue within a period of two months and thereafter appropriate action shall be taken in the matter as per law. Taking note of the instructions, which is taken on record, the aforesaid writ petition is disposed of with a direction to the Sub Divisional Magistrate concerned to decide the aforesaid application for recall and condonation of delay which are pending consideration after taking note of the observations made by the Division Bench of this Court in the case of Ram Prakash Vs. Deputy Director of Consolidation and others, 2022 SCC OnLine All 107, according to which the the issue of condonation of delay should be decided first, within a period of two months and thereafter proceed in the matter. 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 :- 8.5.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench