Court No. - 7
Case :- WRIT - C No. - 30251 of 2021 Petitioner :- Siya Pyari And 2 Others Respondent :- Assistant Collector, 1 St Class And 3 Others Counsel for Petitioner :- Premnendra Singh Counsel for Respondent :- C.S.C.,Achal Singh
Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioners and the learned Standing Counsel.
Instant petition has been filed for early disposal of Case No.1268 of 2020, Computerized Case No. T- 202007110301268 ( Siya Pyari and others Vs. Sharda Prasad and others) filed under Section 116 of the U.P. Revenue Code, 2006 which is pending before the Court of Sub Divisional Officer, Tehsil Atarra District Banda (Respondent no. 1).
It is submitted that the petitioners have filed suit for partition dated 15.6.2020 under Section 116 of the U.P. Revenue Code, 2006 which is pending protracted despite the fact that the statutory period for deciding the aforesaid partition suit a enunciated under Rue 109 (10) of the U.P. Revenue Code Rules, 2016 has already elapsed. It is further submitted that the interim order was granted in the aforesaid suit but the same has not been extended by the court below.
Learned Standing Counsel has no objection, if a direction is issued to decide the aforesaid case expeditiously.
In this conspectus as above, no useful purpose would be served to keep this matter pending. Therefore, this Court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case, as mentioned in the writ petition, with a direction to Sub Divisional Officer (respondent no. 1) to decide the aforesaid case, strictly in accordance with law by means of a reasoned and speaking order, after affording opportunity of hearing to the parties concerned and without granting any unnecessary adjournments to either of the parties expeditiously, preferably, within a period of six months from the date of production of certified copy of this order. However, it is provided that in case petitioner moves any application for stay extension, if any stay order passed earlier, the same shall be considered and decided by the trial court.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 20.12.2021 n.u.