SAMPATTI DEVI v. UP ZILA ADHIKARI (JUDICIAL) LALGANJ DISTRICT PRATAPGARH AND 12 OTHERS
A227/3474/2025 · 2025-05-30
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 142780 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142780 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:33443 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3474 of 2025 Petitioner :- Sampatti Devi Respondent :- Up Zila Adhikari (Judicial) Lalganj District Pratapgarh And 12 Others Counsel for Petitioner :- Ravi Shanker Tripathi Counsel for Respondent :- C.S.C.,Pankaj Gupta 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) direct the Up Zila Adhikari (Judicial), Lalganj, District-Pratapgarh (opposite party no.1) to decide the Case No. 2630 of 2022 (Computerized Case No. T202202570202630) now numbered as Case No. 71 of 2024 (Computerized Case No.T20242570200071) "Sampatti Dei Versus Usman Khan and others" Under Section 116 of U.P. Revenue Code 2016 pending before the Court of Up Zila Adhikari (Judicial), Lalganj, District-Pratapgarh within a period as fixed 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 June, 2022 and on account of pendency of the same, the petitioner, as stated, who is a lady aged about 67 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/Up Zila Adhikari (Judicial), Lalganj, District-Pratapgarh to consider and decide the Case No. 2630 of 2022, Computerized Case No. T202202570202630 (New Case No. 71 of 2024, Computerized Case No.T20242570200071) (Sampatti Dei Versus Usman Khan 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 :- 30.5.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench