Disposed

Sunil Kumar v. State of Up and 7 Others

Allahabad HC4 Jul 2024WRIC/20165/2024

Case brief

AI extract

What is this about?

Writ petition seeking a mandamus for expeditious disposal of a partition suit under Section 116 of the U.P. Revenue Code pending before the SDM Sarila. The court disposed of the petition directing decision by reasoned order preferably within six months, without adjournments except exceptionally.

What did the court decide?

Mandamus direction to decide Case No. 2221 of 2023 expeditiously, preferably within six months, by reasoned speaking order.

Sunil Kumar vs State of Up and 7 Others — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:108616

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Court No. - 34

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Case :- WRIT - C No. - 20165 of 2024 Petitioner :- Sunil Kumar Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Hans Pratap Singh Counsel for Respondent :- Achal Singh,C.S.C.

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Hans Pratap Singh, learned counsel for the petitioner, Sri Dhirendra Singh, learned standing counsel for the Staterespondent nos. 1 & 2 and perused the record.

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The writ petition has been filed by the petitioner seeking following relief:

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"I. Issue a writ, order or direction in the nature of mandamus directing the Sub Divisional Magistrate Sarila, District Hamirpur / respondent no. 2 to decide the case bearing case no. 2221 of 2023, computerized case no. T202307320402221 (Sunil Kumar & others Vs. Hardayal & others) within short stipulated period."

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It has been submitted by learned counsel for the petitioner that Case No. 2221 of 2023, Computer Case No. T202307320402221 (Sunil Kumar & others Vs. Hardayal & others) is pending before the Sub Divisional Magistrate Sarila, District Hamirpur / respondent no. 2 for disposal. He further submits that in the said proceedings under Section 116 of U.P. Revenue Code, 2006, preliminary decree was passed on 23.01.2023 and the Lekhpal was directed to submit a 'kurrafaat' report by 10.02.2023.

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Sub Rule (10) of Rule 109 of the U.P. Revenue Code Rules, 2016 provides as under:

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"(10). The Sub-Divisional Officer shall make an endeavouor to decide the suit within the period of six months and if the suit is not decided within such period, the reason shall be recorded."

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There is a legislative mandate that if proceedings are not concluded within the period of time as provided under the aforesaid provision, reasons for the same shall be recorded.

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Learned standing counsel submits that he has no objection to the extent that if a direction is issued by this Court for expeditious disposal of the case within the stipulated period as fixed by this Court.

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In view of the order proposed to be passed, service of notice upon the respondent nos. 3 to 7 is dispensed with.

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Accordingly, without adverting on merits of the case and with the consent of the parties, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Sub Divisional Magistrate Sarila, District Hamirpur / respondent no. 2, before whom the aforementioned matter is pending for disposal, to decide the Case No. 2221 of 2023, Computer Case No. T202307320402221 (Sunil Kumar & others Vs. Hardayal & others) filed under Section 116 of U.P. Revenue Code, 2006, strictly in accordance with law, by a reasoned and speaking order on merit after affording opportunity of hearing to the parties concerned, expeditiously and preferably within a period of six months from the date of receipt of a certified copy of this order, unless there is any legal impediment. It is further directed that no unnecessary adjournments will be granted to either of the parties and the adjournment, if prayed for, will be permissible to be granted only in exceptional circumstances.

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With the aforesaid direction, present writ petition is disposed of .

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Order Date :- 4.7.2024 Arif

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Sunil Kumar v. State of Up and 7 Others

Case brief

What is this about?

What did the court decide?

Sunil Kumar v. State of Up and 7 Others

Case brief

What is this about?

What did the court decide?

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