Disposed

Rajkumari v. Sub District Magistrate Amethi Tehsil Amethi and Others

Allahabad HC9 Feb 2022/303/2022

Case brief

AI extract

What is this about?

Writ petition filed under Article 227 praying for directions to expedite a pending partition suit. Court dispensed with notice, directed the Sub-District Magistrate to dispose of the suit expeditiously after providing hearing and evidence opportunities, and reserved merits of the suit.

What did the court decide?

Direction to the Sub-District Magistrate to consider and make all out efforts to dispose of the pending partition suit expeditiously after providing opportunity of being heard and to led evidence.

Rajkumari Vs Sub District Magistrate Amethi… — Labour and Industrial Disputes | Allahabad HC (2022)

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Court No. - 31

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Case :- MATTERS UNDER ARTICLE 227 No. - 303 of 2022

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Petitioner :- Rajkumari Respondent :- Sub District Magistrate Amethi Tehsil Amethi And Others Counsel for Petitioner :- Brijesh Kumar Yadav Counsel for Respondent :- C.S.C.,Mohan Singh

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard Shri Brijesh Kumar Yadav, learned counsel for the petitioner as well as Shri Rajiv Kumar Sinha, learned standing counsel for the respondent no.1 and Mr. Mohan Singh, learned counsel appearing for the opposite party no. 6/Gaon Sabha and perused the record.

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By filing the instant writ petition, the petitioner has requested to issue an order or direction directing the respondent no.1 i.e. Sub-District Magistrate, Amethi, Tehsil Amethi, District Amethi to decide the case bearing No.T201804710502031 (Raj Kumari Vs. Madhuri and others), under Section 116 U.P. Revenue Code, 2006 pending in the Court of opposite party no. 1, expeditiously.

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Learned counsel for the petitioner submits that the above mentioned partition suit is pending before the opposite party no.1 since 2018 and the same has not been disposed yet while there is no legal impediment in expeditious disposal of the same and, therefore, a suitable direction be given for expeditious disposal of the partition suit.

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The learned Standing Counsel has drawn attention of this Court towards the extract of the order sheet filed by the petitioner herself. The order sheet would reveal that the defendants in the above mentioned case have still not been served, therefore, any direction for disposal of the case in a time bound manner should not be issued.

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Having heard learned counsel for the parties and perusing the record and keeping in view the order intended to be passed by this Court, issuance of notice to the private respondent nos. 2 to 5, is hereby dispensed, with as any direction pertaining to the expeditious disposal of the case pending before the respondent no.1 would also be in her interest.

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Thus, having regard to all the facts and circumstances of the case, this Court is of the considered opinion that no gainful

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purpose would be served in keeping the instant writ petition pending. The writ petition is, therefore, disposed of with the direction to the respondent no.1 i.e. Sub-District Magistrate, Amethi, Tehsil Amethi, District Amethi to consider and make all out efforts to dispose of the above mentioned case expeditiously, in accordance with law without granting unnecessary adjournment to either of the parties, after providing opportunity of being heard and to led evidence to the parties.

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It is made clear that this Court has not considered the merits of the case.

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Order Date :- 9.2.2022 Arjun/-

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Digitally signed by ARJUN PRASAD Date: 2022.02.09 18:13:05 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Rajkumari v. Sub District Magistrate Amethi Tehsil Amethi and Others

Case brief

What is this about?

What did the court decide?

Rajkumari v. Sub District Magistrate Amethi Tehsil Amethi and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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