KANCHAN AND ANOTHER v. STATE OF U.P. AND 10 OTHERS
WRIC/5382/2025 · 2025-03-03
S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21837 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21837 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:30936 Court No. - 37 Case :- WRIT - C No. - 5382 of 2025 Petitioner :- Kanchan And Another Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Mahesh Prasad Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Mahesh Prasad, learned counsel for the petitioners, Sri Jitendra Narain Rai, learned Additional Chief Standing Counsel representing the respondent nos. 1 to 3; Sri Sudhir Bharti, learned counsel for the Gaon Sabha-respondent no.11 and perused the record. 2. The present writ petition has been filed, inter alia, for the following relief:
"(i) To issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to decide the partition Suit No. 4407/2024, Computer Case No. T202405310204407 (Kanchan and others versus Krishna Dev and others) under Section 116 of U.P. Revenue Code, 2006, pending before him. (iii) ........................ (iv) ........................."
3. Learned counsel for the petitioner submits that the suit under Section 116 of U.P. Revenue Code, 2006 is pending for disposal since 2024 before the respondent No.2 but till date no final order has been passed. 4. Sub Rule 10 of Rule 109 of the U.P. Revenue Code Rules, 2016
provides as under:
"............(10). 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 clear legislative mandate that if proceedings are not concluded within stipulated period of time as provided under the aforesaid provision, reasons for the same shall be recorded. 6. Learned Additional Chief Standing Counsel submits that he has no objection to the extent that a direction is issued by this Court for expeditious disposal of the case within stipulated period as to be fixed by this Court. 7. In view of the nature of the order proposed to be passed, the service of notice upon the respondent nos. 3 to 10 is dispensed with. 8. 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. 9.
Accordingly, without adverting on merits of the case and with the consent of the learned counsels present here, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Up Ziladhikari, Tehsil Khajani, District Gorakhpur (respondent No. 2), before whom the aforementioned matter is pending for disposal, to decide the Case No. 4407/2024, Computerized Case No. T202405310204407, strictly in accordance with law, by a reasoned and speaking order on merit after affording opportunity of hearing to the parties concerned, expeditiously and 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 be granted to either of the parties and the adjournment, if prayed for, will be permissible to be granted only in exceptional circumstances. 10. With the aforesaid direction, the present writ petition is
disposed of.
Order Date :- 4.3.2025 Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad