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2025 DAILYLAW 139474 (ALL)

MOHAMMED IMRAN AND 2 OTHERS v. STATE OF U.P. THRU. DISTRICT MAGISTRATE, DISTRICT AMBEDKAR NAGAR AND 5 OTHERS

A227/2788/2025 · 2025-05-12

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27613 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2788 of 2025 Petitioner :- Mohammed Imran And 2 Others Respondent :- State Of U.P. Thru. District Magistrate, District Ambedkar Nagar And 5 Others Counsel for Petitioner :- Sudhir Kumar Pandey,Annapurna Agnihotri Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioners and learned State counsel. 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(s):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the opposite party no.2 (Sub-Divisional Magistrate, Tehsil- Jalalpur, District- Ambedkar Nagar to decide the case of petitioners pending before him bearing Case No.2811/2022, Computerized Case No.T202204040202811 (Mohd.Imram & Others Versus Dan Bahadur & Others) under section 116 of the Land Revenue Code, 2006 expeditiously as soon as possible or within stipulated period of time as framed by this Hon'ble Court 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 2022 and on account of pendency of the same, the petitioners, as stated, are 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.2/Sub- Divisional Magistrate, Tehsil-Jalalpur, District- Ambedkar Nagar to consider and decide the Case No.2811/2022, Computerized Case No.T202204040202811 (Mohd. Imram & Others Versus Dan Bahadur & 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 :- 12.5.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench