Petition under Article 227 seeking speedy disposal of a partition suit under Section 116 of the U.P. Revenue Code pending since July 2023 before the Additional Sub Divisional Officer, Ayodhya. Court directed decision within six months without adjournments.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:22331
Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 1269 of 2024 Petitioner :- Om Prakash And Another Respondent :- Addl. Sub Divisional Officer Mandal Ayodhya Tahsil Sadar Dist. Ayodhya And 15 Others Counsel for Petitioner :- Prashant Vikram Singh,Akshaya Pratap Singh,Bhanu Pratap Singh Counsel for Respondent :- C.S.C.,Arun Kumar Pandey,Mohan Singh
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the petitioners, learned State counsel for the respondent Nos. 1 & 2, Sri Mohan Singh, learned counsel for the respondent No. 3/Gram Panchayat concerned and Sri Arun Kumar Pandey, learned counsel for the contesting respondent Nos. 4 to 8.
In view of order proposed to be passed, issuance of notice to remaining private-respondents is hereby dispensed with.
By means of this petition, the petitioners seek expeditious disposal of Case No. 7700/2023, Computerized Case No. T202304230107700 (Ajay Prakash and others vs. Om Prakash and others) filed under Section 116 of U.P. Revenue Code, 2006, which is pending before the respondent No. 1/Additional Sub Divisional Officer, Mandal- Ayodhya, Tahsil- Sadar, District- Ayodhya.
Taking note of Rule 109(10) of U.P. Revenue Code Rules, 2016 made under the U.P. Revenue Code, 2006, as per which, a suit for partition preferred under Section 116 of the Code of 2006 should preferably be decided within a period of six months, however, in the instant case, the case, in issue, has not been disposed of till date despite the fact that the same is pending since July, 2023, this petition is disposed of with a direction to the respondent No.1 to consider and decide the Case No. 7700/2023, Computerized Case No. T202304230107700 (Ajay Prakash and others vs. Om Prakash and others) after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party preferably within a period of six months from the next date fixed in the case.
It is made clear that the Court has not examined the case of either party on merits and the authority concerned shall be free to decide the matter strictly in accordance with law.
With the aforesaid, the petition is disposed of .
Order Date :- 14.3.2024/Arun/-
Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Should the pending Section 116 partition suit be directed to be decided expeditiously, preferably within six months?
3 provisions across 3 enactments
Om Prakash And Another
Addl. Sub Divisional Officer Mandal Ayodhya Tahsil Sadar Dist. Ayodhya
15 Others
Saurabh Lavania
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
