The High Court of Judicature at Allahabad directed the Sub-Divisional Magistrate to decide a pending partition suit under the U.P. Land Revenue Code within six months and record reasons for delay.
Directed respondent No.1 to decide the partition suit within six months and record reasons for non-decision.
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Court No. - 35 Case :- WRIT - C No. - 8936 of 2023 Petitioner :- Ravindra Narayan Respondent :- Sub Divisional Magistrate And 6 Others Counsel for Petitioner :- Abhishek Kumar Chaubey Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
Hon'ble Prashant Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondent.
The writ petition has been filed seeking mandamus commanding the Respondent No.1 to decide the case of Partition Suit titled (Ravindra Narayan Vs. Harindra Narayan and others) filed under Section 116 of U.P. Revenue Code 2006, pending with respondent no.1 since 2021.
Since under the Rules of U.P. Land Revenue Code, Rule 109(10) provides that the Sub-Divisional Officer shall make an endeavour to decide a suit within six months. If the same is not decided, then the reason shall be so recorded.
In view of the Rules 109 (10) of the U.P. Land Revenue Code, 2006, I direct respondent no.1 to decide a suit within a period of six months and also record reasons for not deciding the suit within time.
Accordingly, the writ petition is disposed of .
(Prashant Kumar, J.)
Order Date :- 21.3.2023/Shivangi
Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Sub-Divisional Magistrate is directed to decide the pending partition suit within six months under Rule 109(10).
1 provisions across 1 enactments
Ravindra Narayan
Sub Divisional Magistrate
Prashant Kumar
As recorded by the court registry
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