Jagjivan Prasad Maurya v. State of U.P.Thru.Distt. Magistrate/Collector,Distt. Amethi and 16 Others

Court No. - 21 Case :- MATTERS UNDER ARTICLE 227 No. - 3215 of 2023 Petitioner :- Jagjivan Prasad Maurya Respondent :- State Of U.P.Thru.Distt. Magistrate/Collector,Distt. Amethi And 16 Others Counsel for Petitioner :- Mukesh Kumar Sharma Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Dinesh Pathak,J. Heard learned counsel for the petitioner, learned standing counsel representing respondent Nos. 1 & 2, learned counsel for the Gaon Sabha and perused the record. Instant writ petition has been filed, inter alia, for the following relief: "(i) Direct opposite party no.1 i.e. Sub-Divisional Magistrate, Musafirkhana, District Amethi to decide the Case No.624/2022, Computerized Case No.T202204710200624; Smt. Dhanraji Versus Gayadeen and others, under section 116 of U.P. Revenue Code, 2006, expeditiously preferably within stipulated period fixed by this Hon'ble Court.

(ii) Issue any other order or direction in the nature and manner which this Hon'ble Court deems fit and proper in the circumstances of the case.

(iii) Award the cost of the petition in favour of the petitioner." It is submitted that suit for partition under Section 116 is pending since 16.12.2021 despite the fact that the statutory period for deciding the aforesaid suit as enunciated under Rule 109 sub-rule 10 of the U.P. Revenue Code Rules, 2016 has already been expired. Learned Standing Counsel as well as learned counsel for Gaon Sabha have no objection, in case, a direction is issued for early disposal of the case. In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case as mentioned in the present writ petition, with a direction to Sub-Divisional Magistrate, Musafirkhana, District Amethi (respondent No.1), before whom the aforementioned matter is pending disposal, to decide the same expeditiously, preferably, within a period of six months from the date of receipt of a certified copy of this order. It is expected that it should be decided by a reasoned and speaking order, in accordance with law, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments to either of the parties. With the aforesaid direction, present writ petition is disposed of. Order Date :- 31.5.2023 Saurabh Yadav/- High Court of Judicature at Allahabad, Lucknow Bench