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Neutral Citation No. - 2025:AHC:32785 Court No. - 37 Case :- WRIT - C No. - 5861 of 2025 Petitioner :- Narendra Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Achche Lal Singh Yadav Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Achche Lal Singh Yadav, learned counsel for petitioner, Sri Jitendra Narain Rai, learned Standing Counsel for the State-respondents and Sri Bhupendra Kumar Tripathi,
learned counsel appearing on behalf of Gram Sabha-respondent no.3.
2. The instant writ petition has been filed, inter alia, for the following relief:
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to expedite the case no.817 of 2025, computerized case no.T202514290500817 (Indrajeet Vs. Ramjeet and others) under Section 116 of U.P. Revenue Code 2006, pending before him within stipulated period."
3. Learned counsel for the petitioner submits that the aforesaid case is pending for disposal before the respondent No. 2.
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. In view of the nature of the order proposed to be passed, notice need not be issued to respondents No. 4 to 6.
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 parties, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Sub Divisional Magistrate, Tehsil Jakhaniya, District Ghazipur (respondent No. 2), before whom the aforementioned matter is pending for disposal, to decide the Case No.817 of 2025, Computerized Case No.T202514290500817 (Indrajeet Vs. Ramjeet and others) 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 will be granted to either of the parties.
10. With the aforesaid direction, present writ petition is
disposed of.
Order Date :- 6.3.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad