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2025 DAILYLAW 156848 (ALL)

ASHOK KUMAR v. APAR SUB DIVISIONAL MAGISTRATE (UTRAULA), BALRAMPUR AND OTHERS

A227/4786/2025 · 2025-08-11

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46742 Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 4786 of 2025 Petitioner :- Ashok Kumar Respondent :- Apar Sub Divisional Magistrate (Utraula), Balrampur And Others Counsel for Petitioner :- Iqbal Ahmad Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents. 2. In light of the proposed order, notice to private respondents is dispensed with. 3. Instant petition has been filed by the petitioner praying for direction to the respondent No. 1 / Apar Sub Divisional Magistrate, Utraula (Balrampur), to decide the partition suit under Section 116 of U.P. Revenue Code as per Section 109, Sub section (10) of the Uttar Pradesh Revenue Code Rules, 2016 in a Suit No.5563/2025 (Computerized Case No.T202508100305563) Ashok Kumar vs. Anil Kumar and others, which is pending before the respondent no.1, expeditiously. 4. Learned counsel for the petitioner submits that grievance of the petitioner would be sufficiently met in case respondent no. 1 / Apar Sub Divisional Magistrate, Utraula (Balrampur) considers and decides the aforesaid suit in the time bound manner. 5. At this stage, this Court is not inclined to interfere in the matter under Article 227 of the Constitution of India. However, liberty is granted to the petitioner to approach the court/ authority concerned and move an appropriate application detailing urgency for expeditious disposal of the partition suit under Section 116 of U.P. Revenue Code as per Section 109, Sub section (10) of the Uttar Pradesh Revenue Code Rules, 2016 in a Suit No.5563/2025 (Computerized Case No.T202508100305563) Ashok Kumar vs. Anil Kumar and others, along with the order passed by this Court, within two weeks from today, and in case, if such an application is moved, the court/authority shall consider and decide the same within three weeks thereafter, and in case, any case for urgency is made out by the petitioner, it shall pass appropriate orders thereupon, and proceed in accordance with law. 6. It is made clear that this Court has not examined the case of either of the parties on merit and the court/authority concerned shall decide the matter strictly in accordance with law. 7. With above observations, the writ petition is disposed of. [Alok Mathur,J.] Order Date :- 11.8.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench