Neutral Citation No. - 2025:AHC:35619 Court No. - 37 Case :- WRIT - C No. - 4483 of 2025 Petitioner :- Rajeev Vaish Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Akbar Shah Alam Khan Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Mr. Anuj Kumar Sharma holding brief of Mr. Mohd Akbar Shah Alam Khan, learned counsel for the petitioner, Sri Jitendra Narain Rai, learned Additional Chief Standing Counsel representing the State-respondents and Shri Azad Rai, learned counsel for the Gram Sabha-respondent No. 4 and perused the record. 2. The instant writ petition has been filed, inter alia, for the following relief: "(i) Issue any other order or direction in the nature of mandamus commanding and directing the respondent No. 2/Sub Divisional Magistrate, Karchhana Prayagraj to consider the decide the petitioner application dated 23.7.2024 (for creation of Kurra/fat/chitti) in partition Case No. 2405 of 2023 (Rajeev Vaish vs. Mukesh Chand Vaish and others) under Section 116 of U.P. Revenue Code, 2006 and in the light of order dated 28.11.2023 and 01.03.2024 within stipulated period as fixed by this Hon'ble Court." 3. The submission of learned counsel for the petitioner is that in the proceedings under Section 116 of U.P. Revenue Code, 2006 the court of learned Sub Divisional Officer, Karchana, Prayagraj vide order dated 1.3.2024 has passed a preliminary decree and since then the proceedings for final decree is pending for disposal. 4. Sub Rule 10 of Rule 109 of U.P. Revenue Code Rules, 2016 provides as under:- "The Sub-Divisional Officer shall make an endeavour to decide the suit within the period of six months and if the suit is not decided within such period, the reason shall be recorded." 5. There is a legislative mandate that if proceedings are not concluded within the period of time as provided under the aforesaid provision, reasons for the same shall be recorded. 6. Learned Standing Counsel submits that he has no objection to the extent that a direction be issued by this Court for expeditious disposal of the case within stipulated period as to be fixed by this Court. 7. Taking into consideration the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping this writ petition pending. 8. Accordingly, without adverting on merits of the case and with the consent of the parties, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Sub Divisional Magistrate, Tehsil Karchhana, district Prayagraj (respondent No. 2), before whom the aforementioned matter is pending for disposal, to decide the Case No. T- 2023020305024052405 of 2023 (Rajeev Vaish vs. Mukesh Chand Vaish and others) under Section 116 of U.P. Revenue Code, 2006 strictly in accordance with law, by a reasoned and speaking order on merit after affording opportunity of hearing to the parties concerned, expeditiously preferably within a period of six months from the date of receipt of a certified copy of this order, unless there is any legal impediment. It is further directed that no unnecessary adjournments will be granted to either of the parties. 9. With the aforesaid direction, present writ petition is disposed of. Order Date :- 11.3.2025 Sumaira Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad