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2025 DAILYLAW 143599 (ALL)

MOHD. WASI KHAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. REVENUE LKO. AND 15 OTHERS

A227/3694/2025 · 2025-05-30

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:33677 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3694 of 2025 Petitioner :- Mohd. Wasi Khan Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Revenue Lko. And 15 Others Counsel for Petitioner :- Manish Kumar Tripathi,Aditya Vikram Singh 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(s):- "WHEREFORE, it is most respectfully prayed that this Hon'ble court may graciously be pleased to direct Sub Divisional Officer, Sohawal, District Ayodhya (opposite no. 2) for expediting the suit no. 01071/2019 computerized no. T201904230201071 under section 116 of Uttar Pradesh Revenue Code, 2006 (Mohd Wasi khan and others versus Mujeeb Ahmad Ansari and others) pending in the court of Sub Divisional Officer, Sohawal, District Ayodhya, 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 2019 and on account of pendency of the same, the petitioner, as stated, who is aged about 54 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. Considering the facts and circumstances of the case, 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.3/Sub Divisional Officer, Sohawal, District Ayodhya to conclude the proceedings of the case in issue, indicated in prayer clause of this petition, quoted above, 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