KEWLA DEVI v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 9 OTHERS
A227/3468/2025 · 2025-05-30
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 142865 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142865 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:33563 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3468 of 2025 Petitioner :- Kewla Devi Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 9 Others Counsel for Petitioner :- Amrish Tiwari Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. 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. Issue an order or direction to directing the Sub Divisional Officer Kadipur, Sultanpur to decide the Case No. 6564 of 2023 ,computerized case No.T202304680406564 Kewla Devi Versus Isnarayan and others under section 116 of revenue code, 2006 pending before him expeditiously within stipulated time as fixed by this Hon'ble court." 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 03.08.2017 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.2/Sub Divisional Magistrate, Kadipur, District Sultanpur to consider and decide the Case No. 6564 of 2023 (Computerized Case No. T202304680406564) (Kewla Devi Versus Isnarayan 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 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench