Dismissed

Alok Kumar v. Sub Divisional Officer, Kadipur, Sultanpur and Others

Allahabad HC12 Mar 2024/1217/2024

Case brief

AI extract

What is this about?

A matter under Article 227 wherein the petitioner sought speedy disposal of a pending partition suit. The High Court directed the respondent authority to decide the case expeditiously within six months without adjournments.

What did the court decide?

Direction to the Sub Divisional Officer to decide the pending partition case expeditiously within six months.

Alok Kumar Vs Sub Divisional Officer… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:21419

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 1217 of 2024 Petitioner :- Alok Kumar Respondent :- Sub Divisional Officer, Kadipur, Sultanpur And Others Counsel for Petitioner :- Ajeet Kumar,Rajkumar Chaurasia Counsel for Respondent :- C.S.C.,Mohan Singh

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Hon'ble Saurabh Lavania,J.

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Heard.

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In view of the order proposed to be passed by this Court, notice to the private-respondent(s) is dispensed with.

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The present petition has been filed for the following main relief:-

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"Direct the Sub Divisional Officer, Kadipur, District- Sultanpur to decide the Case No. 11 of 2024, Computerized Case No. T202404680400011, "Sohan and another Versus Alok Kumar and others" under section-116 of U.P. Revenue Code, 2006 filed by respondent no.2 & 3 pending before him since 19.07.2021 expeditiously within stipulated time as fixed by this Hon'ble Court as contained in Annexure No.1 to this petition."

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It is stated that as per Rule 109(10) of the U.P. Revenue Code Rules, 2016 , a suit for partition should be decided preferably within a period of six months, however, in the instant case, the case is pending since July 2021 and on account of pendency of the aforesaid case, petitioner is suffering great hardship. In these circumstances, indulgence of this Court is required. Prayer is to direct the respondent no.1, to consider and decide the proceedings expeditiously.

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Learned standing counsel submits that he has no objection in case an expedite order is passed.

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Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending. It is accordingly dismissed with direction to respondent No.1 to consider and decide the pending proceedings of Case No. Case No. 11 of 2024, Computerized Case No. T202404680400011, (Sohan and another Versus Alok Kumar and others) most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of six months from the next date fixed before it, if possible and if there is no other legal impediment in this regard.

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It is made clear that this Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law.

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With the aforesaid, the petition is disposed of.

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Order Date :- 12.3.2024

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Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Alok Kumar v. Sub Divisional Officer, Kadipur, Sultanpur and Others

Case brief

What is this about?

What did the court decide?

Alok Kumar v. Sub Divisional Officer, Kadipur, Sultanpur and Others

Case brief

What is this about?

What did the court decide?

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