Neutral Citation No. - 2025:AHC:32188 Court No. - 37 Case :- WRIT - C No. - 29135 of 2024 Petitioner :- Bal Govind Mishra Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Gaurav Tiwari Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Ashwani Mishra, Advocate holding brief of Sri Gaurav Tiwari, learned counsel for the petitioner, Sri Raj Kumar Singh, learned Standing Counsel representing the respondent nos. 1 to 3; Sri Azad Rai, learned counsel for the Gaon Sabha- respondent no.4 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 directing the respondent no.3 to decide the case no. T202202030901636 (Balgovind Mishra versus Indramani Mishra and others) under Section 116 of U.P. Revenue Code, 2006, related to Gata No. 25, 26 and 187, resident of Gram- Madka Kalan, Tehsil- Koraon, District- Prayagraj, within a stipulated period in the interest of justice. (ii) ..................... (iii) ...................." 3. Submission of the learned counsel for the petitioner is that the petitioner filed a suit under Section 116 of the U.P. Revenue Code, 2006 in the month of July, 2022 and the notices were issued to the opposite parties on 02.07.2022. Since then, the matter is pending for consideration but on account of non-availability of the Presiding Officer, the same could not be proceeded. 4. It has been pointed out by the learned Standing Counsel appearing on behalf of the State that now the Collector, District- Prayagraj vide order dated 21.11.2023 has posted one Sub Divisional Officer (Judicial) at Tehsil- Koraon, District Prayagraj and the matter has been transferred to his court. The Sub Divisional Officer/respondent no.3 vide order dated 27.06.2024 has directed the parties to appear before the court of Sub Divisional Officer (Judicial), Tehsil- Koraon, District- Prayagraj on 15.07.2024. 5. From perusal of the copy of the order-sheet as contained in annexure no.2 to the writ petition, it transpired that even in the court of Sub Divisional Officer (Judicial), Tehsil- Koraon, District- Prayagraj, the matter could not be proceeded for disposal since 15.07.2024. 6. 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." 7. 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. 8. Learned Standing Counsel submits that he has no objection, if a direction is issued by this Court for expeditious disposal of the case within stipulated period as to be fixed by this Court. 9. In view of the nature of the order proposed to be passed, the service of notice upon the respondent nos. 5 to 13 is dispensed with. 10. 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. 11. Accordingly, without adverting on merits of the case and with the consent of the learned counsels present before the Court, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Sub Divisional Officer (Judicial), Tehsil Koraon, District- Prayagraj, before whom the aforementioned matter is pending for disposal, to decide the Case No. T202202030901636 (Blagovind Mishra versus Indramani Mishra and others) under Section 116 of the U.P. Revenue Code, 2006, 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 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 adjournment, if prayed for, may be granted only in exceptional circumstances. 12. With the aforesaid direction, the present writ petition is disposed of. Order Date :- 6.3.2025 Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad