Court No. - 18
Case :- WRIT - C No. - 19868 of 2018 Petitioner :- Mubarak Khan Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rabindra Bahadur Singh,Ruby Goutam Counsel for Respondent :- C.S.C.,Ram Babu Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner; Shri Abhishek Srivastava, learned Standing Counsel for the State respondent nos.1 and 2 and Shri Ram Babu Yadav, learned counsel for the respondent no.3.
Notice need not be issued to the private respondent nos.4 to 6, in view of the order proposed to be passed.
The petitioner is before this Court with request to issue direction to the second respondent, Sub Divisional Magistrate/Assistant Collector, Marihan, District Mirzapur to decide the Partition Suit No.108/84/114 of 2012 (Mubarak vs. Rasheed & others) within stipulated time.
Learned Standing Counsel fairly states that in case the aforesaid case is still pending and has not been disposed of, the same will be considered and decided expeditiously.
In view of the above, on consent and without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the second respondent to decide the aforesaid partition suit after giving opportunity of hearing to the private respondent nos.4 to 6, as expeditiously as possible and preferably within a period of one year from the date of production of a certified copy of this order before him, without granting unnecessary adjournments to either of the parties, except upon payment of cost Rs.150/-.
Order Date :- 29.5.2018 RKP