Court No. - 6
Case :- WRIT - C No. - 33850 of 2021 Petitioner :- Jagnnath Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Manoj Kumar Mishra Counsel for Respondent :- C.S.C.,Azad Rai
Hon'ble Rajiv Joshi,J.
Heard Sri Manoj Kumar Mishra, learned counsel for the petitioner, learned Standing counsel for the State and Sri Azad Rai, learned counsel for the respondent-Gaon Sabha.
By means of the present writ petition, the petitioner seeks a direction in the nature of mandamus commanding the respondent no. 2 i.e. Sub- Divisional Magistrate, Tehsil- Handia, District Prayagraj to decide the Case No. T202102020406024 within a stipulated period of time.
It is submitted by learned counsel for the petitioner that the petitioner filed a suit for partition on 23.10.2019 half of the share under Section 116 of U.P. Revenue Code 2006 which remain pending since then. It is further submitted that the contesting respondents appeared before the authority but the written statement has not been filed.
Learned Standing counsel submits that no useful purpose would be served to keep the writ petition pending and suitable direction may be issued by this Court to the authority concerned for deciding the same in time bound manner.
In the facts and circumstances of the case, direction is issued upon respondent no. 2 i.e. Sub- Divisional Magistrate, Tehsil- Handia, District Prayagraj to decide the Case No. T202102020406024 filed under Section 116 of U.P. Revenue Code 2006 in accordance with law expeditiously, preferably within a period of one year from the date of production of a certified copy of this order after hearing the contesting respondents.
With the above direction, the writ petition stands finally disposed of. No order as to costs.
Order Date :- 20.12.2021 Akbar