Court No. - 6
Case :- WRIT - C No. - 33646 of 2021 Petitioner :- Ram Charan Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Krishna Mani Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Mr. K.M. Gupta, learned counsel for petitioner, learned Standing Counsel for the State-respondents and Mr. Azad Rai, learned counsel for respondent No. 14, Gaon Sabha and perused the record.
The instant writ petition under Article 226 of the Constitution of India, has been filed for the following relief:
"(i) Issue a writ, order or direction in the nature of mandamus commanding to respondent No.2 i.e. Sub Divisional Officer, Tehsil Karchhana, district Allahabad to decide the case bearing Case No. 53683 of 2017 (Computerized Case No. T20172323053683) Ramcharan vs Ram Kripal and others), under section 115 of U.P. Revenue Code, 2006 pending in the court of respondent No. 2 since 16.06.2017, within stipulated period fix by this Hon'ble Court."
It is contended by learned counsel for the petitioner that the suit for partition under section 116 of U.P. Revenue Code, 2006 was filed on 16.06.2017, in which preliminary decree was passed on 28.02.2018 declaring the partition of the land between the petitioner and respondents and subsequently, a direction was issued to prepare final decree after submission of the report filed by Halka Lekhpal. It is further submitted by the learned counsel for the petitioner that the report of Halka Lekhpal has been submitted on 17.02.2020 and copy of the said report has been appended as annexure No. 2 to the writ petition. Learned counsel for the petitioner next submitted that both the parties put their appearance through their counsel before the trial court, but till date the proceedings for preparing final decree has not been concluded. The order sheet of the case indicates that the matter was adjourned on several times due to strike of lawyers.
On the other hand, learned Standing Counsel as well as learned counsel for Gaon Sabha submit that no useful purpose would be served by calling counter affidavit or keeping the writ petition pending and an appropriate direction may be issued to respondent No. 2 to consider the grievance of the petitioner.
Under these circumstances, direction is issued to respondent No. 2, Sub Divisional Officer, Karchhana, Allahabad to decide aforesaid Case No. 53683 of 2017 (Computerized Case No. T20172323053683) Ramcharan vs Ram Kripal and others), under section 115 of U.P. Revenue Code, 2006, in accordance with law, as expeditiously as possible, preferably within a period of six months from the date of production of certified copy of this order, if there is no legal impediment.
Accordingly, the writ petition is disposed of.
Order Date :- 17.12.2021 Sazia