Court No. - 7
Case :- WRIT - C No. - 34357 of 2021 Petitioner :- Amarawati Devi Respondent :- State Of U P And 6 Others Counsel for Petitioner :- Raj Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the State.
Present writ petition has been filed beseeching expeditious disposal of Case No. T 202105440200513 (Amarawati vs. Mahendra and others), under Section 116 of U.P. Revenue Code, 2006, pending in the court of Sub Divisional Officer (respondent no. 2).
It is submitted that the present petitioner has filed a suit for partition under Section 116 of U.P. Revenue Code, 2006 dated 20.11.2020 but unfortunately the same has not been decided till date despite the fact that the parties have appeared in the aforesaid suit. It is further submitted that under the provisions of Rules 109(10) of U.P. Revenue Code Rules, 2016 suit of partition should be decided within six months from the date of its filing. Sufficient time has been elapsed from the date of its filing.
Learned Standing Counsel has no objection in case the aforesaid case is directed to be decided within a stipulated period fixed by this Court.
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 the Sub Divisional Officer (Respondent No. 2), before whom case is pending, 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 reasoned and speaking order, in accordance with law, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments.
With the aforesaid direction, present writ petition is disposed of.
Order Date :- 23.12.2021 Pkb/