HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5557 of 2025 Court No. - 30 HON'BLE MANJIVE SHUKLA, J. 1. Heard Sri Sumit Kumar, learned counsel appearing for the petitioner and learned Standing Counsel appearing for Respondent No. 1. 2. In view of the order proposed, notice to Respondents No. 2 and 3 is dispensed with. 3. The captioned writ petition has been filed by the petitioner interalia praying therein for the following relief:- " 1. Issue a of order or direction thereby commanding and directing to the Sub Divisional Magistrate, Tehsil Nawabganj. District-Barabanki to decide the Case no. RST/1473/2023 Computerized case no. D202304120001473 (Muneshwar versus Ram Singh and others) which is pending 29.03.2019 with in the stipulated period in the interest of justice." 4. It has been contended by the learned counsel for the petitioner that the petitioner has filed a suit for partition under Section 116 of the U.P. Revenue Code, 2006 before the Sub Divisional Magistrate, Tehsil Nawabganj, District-Barabanki but the said case is pending since the year 2023 and has not been decided till date. 5. Learned counsel for the petitioner has argued that under Rule 109 (10) of the U.P. Revenue Code Rules, 2016, there is provision that the suit for partition under Section 116 of the U.P. Revenue Code, 2006 is to be decided within a period of six months and if it is not possible then the authority concerned is under obligation to record reasons in that regard but in the case Versus Counsel for Petitioner(s) : Sumit Kumar Counsel for Respondent(s) : C.S.C. Muneshvar .....Petitioner(s) Sub Divisional Magistrate, Tehsil Nawabganj, Barabanki And Others .....Respondent(s) of the petitioner, the suit for partition is laying pending since the year 2023 without recording any reason in the order sheet. 6. Learned Standing Counsel appearing for the Respondent No. 1, at the very outset, has very fairly submitted that the ends of justice would be served, if a direction is issued by this Court to Respondent No. 1 to hear and decide the suit for partition, within a time frame fixed by this Court. 7. I have considered the submissions made by the learned counsel for the parties and I find that the suit for partition is pending before Respondent No. 1 since the year 2023. I further find that Rule 109 (10) of the U.P. Revenue Code Rules, 2016 categorically provides that the suit for partition is to be decided within a period of six months and if it is not possible then the reasons are to be recorded but in the present case the order sheet of the case annexed with the petition does not contain any such reason. 8. In view of the aforesaid reasons, this writ petition is disposed of with a direction to Respondent No. 1 to hear and decide the Case no. RST/1473/2023 Computerized case no. D202304120001473 (Muneshwar versus Ram Singh and others), expeditiously, preferably within a period of six months from the date of presentation of a certified copy of this order, provided there is no legal impediment. September 16 , 2025 Anuj Singh A227 No. 5557 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench