SAMSUDUHA KHAN v. SUB DIVISIONAL OFFICER,JUDICIAL,TEHSIL TANDA,DISTRICT AMBEDKAR NAGAR AND 5 OTHERS
A227/2879/2025 · 2025-05-15
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139958 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139958 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28537 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2879 of 2025 Petitioner :- Samsuduha Khan Respondent :- Sub Divisional Officer,Judicial,Tehsil Tanda,District Ambedkar Nagar And 5 Others Counsel for Petitioner :- Niyaj Ahmad Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner 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):-
"(i) issue a direction to the opposite party No. 1 i.e. Sub-Divisional Officer (Judicial), Tehsil Tanda, District- Ambedkar Nagar to decide the pending case No. T202104040303327 under section 116 of U.P. Revenue Code 2006 "Nisar Ahmad & another Versus Samsuduha Khan & others", since 25.8.2021, expeditiously within stipulated period as early as possible." 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 2021 and on account of pendency of the same, the petitioner, as stated, who is aged about 61 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 (Judicial), Tehsil Tanda, District- Ambedkar Nagar to consider and decide the Case No. T202104040303327 (Nisar Ahmad & another Versus Samsuduha Khan & 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 :- 15.5.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench