Writ petition seeking expeditious disposal of a division-of-holdings suit pending since 2016 before the SDM, Bahraich. Court disposed of the petition directing the authority to decide within one year from next hearing date without examining merits.
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Neutral Citation No. - 2024:AHC-LKO:9238
Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 450 of 2024 Petitioner :- Abdul Jabbar Respondent :- The State Of U.P. Thru. Secy. Revenue Civil Sectt. Lko. And 11 Others
Counsel for Petitioner :- Ashish Raman Mishra Counsel for Respondent :- C.S.C.,Pankaj Gupta,Rakesh Pratap Singh
Hon'ble Saurabh Lavania,J.
Heard learned Counsel for the petitioner, Sri R.P. Singh, learned Counsel for respondent no.4 as also Sri Shashank Singh learned State Counsel.
In view of order proposed to be passed, issuance of notice to the privaterespondent(s) is hereby dispensed with.
By means of this petition, the petitioner seeks expeditious disposal of Case No. 273/2016, Computerized Case No. T2016081501273 (Mohd. Haneef Versus Abdul Jabbar and Others), filed under Section 176 of U.P.Z.A. & L.R. Act, which is pending before the respondent No. 2/Sub Divisional Magistrate, Tehsil Sadar, District Bahraich, since 2016.
Considering the facts as indicated in the present petition as also the period of pendency of the case for division of holdings which is pending since 2016 and as also paragraph 458(1) of U.P. Revenue Court Manual , according to which suit of such nature should preferably be decided within a period of one year from the date of filing the suit, the present petition is disposed of with to the Authority concerned to decide the pending suit within one year from the next date fixed in the case, if there is no other legal impediment in this regard after providing proper opportunity of hearing to the parties to the litigation. For conducting the proceedings in the time specified, unnecessary adjournments be avoided.
It is made clear that the 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.
With the aforesaid observations, the petition is disposed of.
Order Date :- 1.2.2024
Jyoti/-
Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the pending partition suit (division of holdings) under Section 176 U.P.Z.A. & L.R. Act pending since 2016 should be decided within the timeframe prescribed by paragraph 458(1) of the U.P. Rev
1 provisions across 1 enactments
Abdul Jabbar
The State of U.P. thru. Secy. Revenue Civil Sectt. Lko.
Saurabh Lavania
As recorded by the court registry
2 orders share this CNR
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