Court No. - 37
Case :- WRIT - C No. - 37 of 2021 Petitioner :- Chameli Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Bhriguram Ji Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard B.R.J. Pandey, learned counsel for petitioner and learned Standing counsel for the State respondent.
By means of the present writ petition, the petitioner seeks a direction in the nature of mandamus commanding the respondent no.2 to decide the case No. T202016660200069 of 2020 (Chameli Vs. Banbasi Technical Education & Another) filed under Section 116 of U.P. Revenue Code 2016 filed by the petitioner for partition of Joint holdings Khasra No. 5091 Kha area of 0.136 in respect of land situated in Gram Bidar, Tehsil Duddhi, District- Sonebhadra within a stipulated period of time.
It is contended by learned counsel for the petitioner that the petitioner filed said suit on 10.6.2019 for partition of joint holdings in respect of Khasra No. 5091 Kha area of 0.136 in respect of land situated in Gram Bidar, Tehsil Duddhi, District- Sonebhadra which has not yet been decided till date, although, the Rule 109 sub Rule 10 of the U.P. Revenue Rules 2016 contemplates that the suit must be decided by the District Magistrate concerned within six months.
Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending and an appropriate direction may be issued to respondent no.2 to consider the grievance of the petitioner.
Considering the facts and circumstances of the case, without going into the merit of the case and with the consent of the parties, the writ petition is disposed of with a direction to respondent no.2 to decide the case No. T202016660200069 of 2020 (Chameli Vs. Banbasi Technical Education & Another) filed under Section 116 of U.P. Revenue Code 2016 filed by the petitioner for partition of Joint holding Khasra No. 5091 Kha area of 0.136 within a period of six months from the date of production of computerized copy of this order.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.
The writ petition is disposed of. Order Date :- 8.1.2021 Akbar