SUKHDEV PANDEY v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE DEPTT. LKO. AND 9 OTHERS
A227/3695/2025 · 2025-05-30
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 144301 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144301 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:34014 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3695 of 2025 Petitioner :- Sukhdev Pandey Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. Lko. And 9 Others Counsel for Petitioner :- Gyanendra Mishra Counsel for Respondent :- C.S.C.,Mohan Singh 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:-
"Issue an order or direction commanding the learned Sub Divisional Officer, Lambhua, Tehsil- Lambhua District- Sultanpur to consider and decide the Suit U/S 116 of U.P revenue code bearing case No.2976/2025 (Computerized Case No.T 202504680302976) titled as Sukhdev & Ors. Versus Malti & ors. pending before learned Sub Divisional Officer, Lambhua, Tehsil-Lambhua, District- Sultanpur within stipulated period of time." 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 September, 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 Sub Divisional Officer, Lambhua, Tehsil- Lambhua District-Sultanpur to consider and decide the Case No.2976/2025, Computerized Case No.T 202504680302976, (Sukhdev & Ors. Versus Malti & ors.), 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