Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 143168 (ALL)

SHEETLA PRASAD YADAV v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND 3 OTHERS

A227/3635/2025 · 2025-05-30

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:33905 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3635 of 2025 Petitioner :- Sheetla Prasad Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 3 Others Counsel for Petitioner :- Ashok Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. In view of the order proposed to be passed by this Court, notice to the private-respondent(s) is dispensed with. Present petition has been filed for the following main relief:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the Opp. Party no.2/ Sub-Divisional Magistrate, Tehsil Sohawal, District- Ayodhya to decide the Partition Suit No. U/S 116 U.P. Revenue Code, 2006 bearing Case No.10078/2024 Computerized No. T202404230210078, Sheetla Prasad Yadav vs. Kesari Prasad & Others, expeditiously (Annexure No.1), as decided by this Hon'ble Court." It is stated that as per Rule 109(10) of the U.P. Revenue Code Rules, 2016, a suit for partition should be decided preferably within a period of six months, however, in the instant case, the case is pending since December, 2024 and on account of pendency of the aforesaid case(s), petitioner is suffering great hardship. In these circumstances, indulgence of this Court is required. Learned standing counsel submits that he has no objection in case an expedite order is passed. Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.2-Sub Divisional Magistrate, Tehsil-Sohawal, District-Ayodhya to consider and decide the Case No.10078/2024 Computerized No. T202404230210078, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any adjournment to either of the parties preferably within a period of six months from the next date fixed in the case, if possible and if there is no other legal impediment in this regard. It is made clear that this Court has not examined the case of either of the parties 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 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench