Court No. - 6
Case :- WRIT - C No. - 29488 of 2021 Petitioner :- Ram Surat Respondent :- Ziladhikari And 7 Others Counsel for Petitioner :- Kailash Nath Singh Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Shri K. N. Singh, learned counsel for the petitioner, learned standing counsel for the respondent no.1 and perused the record.
The instant writ petition, under Article 226 of the Constitution, has been filed for the following relief:-
"I). Issue a writ order or direction in the nature of Mandamus direct the respondent no.1- Upziladhikari, Shahganj, District-Jaunpur to decide the Case No.T202114360100666 (Ram Surat & Others Vs. Ashok Kumar & Others), under Section 116 of U.P. Revenue Code, 2006 within stipulated time as fixed by this Hon'ble Court."
It reflects from the record that the partition suit under Section 116 of U.P. Revenue Code, 2006 has been filed before the respondent no.1, Upziladhikari, Shahganj, District-Jaunpur, registered as Case No.T202114360100666 (Ram Surat & Others Vs. Ashok Kumar & Others) in respect of Khata No.686, Gata Nos.739 and 752, area 0.065 and 0.20 Hectare, respectively, situated in Village- Khuthan, Pargana-Anguli, Tehsil-Shahganj, District-Jaunpur against the respondent nos.2 to 8, which is pending till date.
The order-sheet of the case indicates that the notice to private respondents has not been served and there is no report of service on record, even the application of the petitioner for substituting the legal heirs of the respondent no.6, Ram Shankar is pending.
The instant writ petition has been filed without waiting to exchange the pleadings between the parties or without adducing any evidence by either side. The order-sheet also indicates that there is no delay either on behalf of the respondents or the Presiding Officer in deciding the case.
In view of the above, I do not find any good ground to issue writ order or direction to the respondent no.1, as prayed for.
The writ petition is totally misconceived and the same is accordingly dismissed. Order Date :- 23.12.2021 Zafar