Remanded

Kanhaiyalal Jaishwal v. Sub-Divisional Magistrate, Devipatan Mandal, Tehsil-Tarabganj, District-Gonda and Another

Allahabad HC19 Feb 2024A227/650/2024

Case brief

AI extract

What is this about?

This petition under Article 227 sought directions for expeditious disposal of a pending partition suit. The court dispensed with notice to private respondents and directed the Sub-Divisional Magistrate to decide the matter within six months without unnecessary adjournments.

What did the court decide?

Direction to respondent No.1 to decide the pending pending partition suit within six months of the next date fixed, without unnecessary adjournments, and to afford full hearing opportunities.

Kanhaiyalal Jaishwal vs Sub-Divisional… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:15566

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 650 of 2024 Petitioner :- Kanhaiyalal Jaishwal Respondent :- Sub-Divisional Magistrate, Devipatan Mandal, TehsilTarabganj, District-Gonda And Another Counsel for Petitioner :- Arvind Kumar Shukla Counsel for Respondent :- C.S.C.

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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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Present petition has been filed seeking expeditious disposal of Case No. 266 of 2022, Computerized Case No. 202208300600266 (Ramsubhag and Others Vs. Khushiram and Others) filed under Section 116 of U.P. Revenue Code, 2006 which is pending before respondent No.1.

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Taking note of the fact as indicated in the present petition that the case, in issue, filed under Section 116 of the Code of 2006 is pending consideration before the opposite party No.1 since 19.01.2022 as also 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, this Court is of the opinion that no gainful purpose will be served in keeping the present petition pending. Accordingly, the present petition is disposed of with direction to respondent No.1-SubDivisional Magistrate, Devipatan Mandal, Tehsil-Tarabganj, DistrictGonda to consider and decide the aforesaid case, 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 in the case, if there is no other legal impediment.

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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.

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With the aforesaid, the petition is disposed of.

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Order Date :- 21.2.2024 Mohit Singh/-

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Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Kanhaiyalal Jaishwal v. Sub-Divisional Magistrate, Devipatan Mandal, Tehsil-Tarabganj, District-Gonda and Another

Case brief

What is this about?

What did the court decide?

Kanhaiyalal Jaishwal v. Sub-Divisional Magistrate, Devipatan Mandal, Tehsil-Tarabganj, District-Gonda and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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Case details

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