RAM PRASAD AND OTHERS v. STATE OF UP THRU. DISTRICT MAGISTRATE, SULTANPUR AND OTHERS
A227/4818/2025 · 2025-08-12
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157475 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157475 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47183 Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 4818 of 2025 Petitioner :- Ram Prasad And Others Respondent :- State Of Up Thru. District Magistrate, Sultanpur And Others Counsel for Petitioner :- Jnanendra Pratap Shukla Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Alok Mathur,J.
1. Heard learned counsel for the petitioners as well as learned Standing Counsel on behalf of respondents no.1 and 2.
2. In view of the proposed order, notice to respondents no. 2 to 4 is dispensed with.
3. Present petition under Article 227 of the Constitution of India has been filed by the petitioners with the prayer to direct the respondent no.2/ Sub Divisional Magistrate, Tehsil Kadipur, istrict Sultanpur to decide the Suit for the division of holdings moved by the petitioners on 21.08.2024, bearing Case No. 07282/2024 Computerized Case No. T202404680407282, under Section 116 of U.P. Revenue Code, titled as Ram Prasad and others Vs. Vidyawati and others, within specific time frame as court may deem fit, just and proper.
4. It has been submitted that the petitioners have instituted a suit for division of holdings regarding land bearing Gata No. 1141 having area of 0.082 hectare situated at Village Alipur Kanpa, Pargana Aldemau, Tehsil Kadipru, Distict Sutlanpur, before the court of Sub Divisional Magistrate, Kadipur, District Sultanpur and the same was marked as Case bearing No. 0782/2024. It has been stated that the matter is urgent and a perusal of the
order sheet clearly indicates that though the case is regularly listed but it is routinely adjourned on one pretext or the other.
4. It is noticed that the instant matter relates to 2024 and the trial courts are heavily burdened with the dockets due to which large number of cases are pending before them. In the present case, no extraordinary circumstance has been indicated by the petitioner so as to interfere and pass orders for expeditious disposal of the revision which has been filed only in 2024.
Accordingly, no case for interference is made out at this stage.
5. However, looking to the aforesaid circumstances, liberty is granted to the petitioner to move appropriate application before the trial court within next two weeks for expediting the proceedings. In case, such an application is made, the trail court shall consider and decide the same within two weeks thereafter by a reasoned and speaking order. In case, the trial court finds that a case for urgency has been made out, it shall proceed to consider and decide the case of the petitioner expeditiously.
6. With aforesaid direction the petition stands disposed of. . (Alok Mathur, J.)
Order Date :- 12.8.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench