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2025 DAILYLAW 47426 (ALL)

AMARNATH DECEASED AND 3 OTHERS v. STATE OF U.P. AND 15 OTHERS

WRIC/12403/2025 · 2025-04-29

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68355 Court No. - 34 Case :- WRIT - C No. - 12403 of 2025 Petitioner :- Amarnath Deceased And 3 Others Respondent :- State Of U.P. And 15 Others Counsel for Petitioner :- Birendra Kumar Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Birendra Kumar, learned counsel for the petitioners, Sri Amresh Kumar Tiwari, learned Standing Counsel for the State- respondents and Sri Bhupendra Kumar Tripathi, learned counsel appearing for the respondent no. 8-Gram Sabha. 2. By means of this writ petition, the petitioners have prayed for a writ of mandamus directing the respondent no. 2-Sub Divisional Magistrate, Tehsil Mandiyahun, District Jaunpur to decide the Case No. 02562 of 2018 Computerized Case No. T201814360602562 (Amarnath Vs. Chhaviraji and others) for partition expeditiously. 3. Submission of the learned counsel for the petitioners is that the case under Section 116 of the U.P. Revenue Code, 2006 is pending in the court of learned Sub Divisional Magistrate, Tehsil Mandiyahun, District Jaunpur in Case No. 02562 of 2018 (Amarnath Vs. Chhaviraji and others) since the year 2018 but the same has not been finally decided. He further submits that the order sheet of the aforesaid case after 31.07.2019 has not been provided to the petitioners by the office of the Sub Divisional Magistrate, Tehsil Mandiyahun, District Jaunpur. 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 if 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, the service of notice upon the respondent Nos. 3 to 7 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. 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 Mandiyahun, District Jaunpur (respondent No. 2), before whom the aforementioned matter is pending for disposal, to decide the Case No. 02562 of 2018 Computerized Case No. T201814360602562 (Amarnath Vs. Chhaviraji and others), strictly in accordance with law, by a reasoned order on merit after affording opportunity of hearing to the parties concerned, expeditiously and preferably within a period of three 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 and any adjournment, if prayed for, may be granted only in exceptional circumstances. 9. With the aforesaid observation and direction, present writ petition is disposed of. Order Date :- 30.4.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad