Court No. - 9
Case :- WRIT - C No. - 24903 of 2019 Petitioner :- Devi Prasad Respondent :- Sub Divisional Magistrate And 9 Others Counsel for Petitioner :- Ratnesh Kumar Mishra Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Anjani Kumar Mishra,J.
Heard.
This writ petition has been filed seeking the following relief:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding the Sub-Divisional Magistrate, Tehsil-Soraon, District- Allahabad (Now Prayagraj)/Respondent no. 1 to consider and decide the Case No. 3975/2015 (Computerized Case No. T201815060601609/565/898/2018(28.05.2018) (Devi Prasad Vs. Smt.
Chandrika Prasad and others) which is filed under Section 176 of The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 in respect of Arazi No. 5087 (Area 0.740 Hectare), Arazi No. 5093 (Area 0.6210 Hectare), Arazi No. 5679 (Area 0.0460 Hectare), Arazi No. 5095 (Area 0.0060 Hectare), Arazi No. 5096 (Area 0.0110 hectare), Arazi No. 5654 (Area 0.0110 Hectare), Arazi No. 5655 (Area 0.0060 Hecatre), Arazi No. 5657 (Area 0.0340 Hectare), Arazi No. 5658 (Area 0.0110 Hectare), Arazi No. 5659 (Area 0.0060 Hectare), Arazi No. 5660 (Area 0.0060 Hectare), Arazi No. 5661 (Area 0.0170 Hectare, Arazi No. 5662 (Area 0.0140 Hectare), Arazi No. 5663 (Area 0.0230 Hectare), Arazi No. 5664 (Area 0.0260 Hectare), Arazi No. 5666 (Area 0.0460 Hectare), Arazi No. 5674 (Area 0.0630 Hectare), Arazi No. 5675 (Area 0.0570 Hectare), Arazi No. 5677 (Area 0.0110 Hectare), Arazi No. 5688 (Area 0.0110 Hectare), Arazi No. 5694 (Area 0.340 Hectare), Arazi No. 5696 (Area 0.8820 Hectare), in which the said property are situated at Mauja-Mau Aima, Pargana & Tehsil-Soraon, District-Allahabad (Now Prayagraj), which is pending before Sub-Divisional Magistrate, Tehsil-Soraon, District- Allahabad (Now Prayagraj)/respondent no. 1 expeditiously, within a specified period of time as this Hon'ble Court may fix, in the interest of justice."
It has been stated that the petitioner seeks a direction for expeditious disposal of partition suit filed by him in the year 2012.
Perusal of the order sheet appended along with the writ petition reveals that issues have not been framed. Therefore, it follows that neither issues have been framed nor the parties have led their evidence.
Under the circumstances, this writ petition is disposed of with the observation that the Sub-Divisional Magistrate, Tehsil- Soraon, District-Allahabad (Now Prayagraj) may endeavour to decide the partition suit expeditiously, preferably within a period of 18 months from the date of certified copy of this order is filed before him.
Order Date :- 30.7.2019 sweta