Petition for expeditious disposal of a partition suit pending before the SDM, Kunda since 2024; court disposed it with a directive to decide within six months without adjournments, leaving merits untouched.
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Neutral Citation No. - 2025:AHC-LKO:22734
Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 2290 of 2025
Petitioner :- Ramu @ Ramu Saroj Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Saroj Neelu Omkar,Shiv Lal Yadav Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Lavania,J.
At the very outset, Ms. Saroj Neelu Omkar, learned counsel for the petitioner states that inadvertently "Gram Sabha, Vijaipur, Post- Vihar, Tehsil - Kunda, District - Pratapgarh" could not be impleaded in the array of the parties and accordingly, she may be permitted to implead "Gram Sabha, Vijaipur, Post- Vihar, Tehsil - Kunda, District - Pratapgarh" as respondent no.5 in the array of the parties during course of the day.
To the aforesaid prayer, no serious objection has been raised by the learned counsel for the State.
Considering the prayer sought as also that the same has not been opposed and further that acceding the prayer would not change the nature of the case, this Court is of the view that the prayer is liable to be acceded and is, accordingly, is acceded.
Ms. Saroj Neelu Omkar, learned counsel for petitioner is permitted to implead "Gram Sabha, Vijaipur, Post- Vihar, Tehsil - Kunda, District - Pratapgarh" as respondent no. 5 in the array of parties during the course of day.
Notice on behalf of "Gram Sabha" has been accepted by Shri Pankaj Gupta, Advocate.
Heard.
In view of order proposed to be passed issuance of notice to respondent Nos. 3 and 4 is dispensed with.
Present petition has been filed for expeditious disposal of Case No. T202402502570105403 (Ramu Saroj Vs. Dhunna and Others), filed under Section 116 of U.P. Revenue Code, 2006 (in short "Code, 2006") which is pending before Sub Divisional Magistrate, Tehsil - Kunda, District- Pratapgarh.
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.
Order Date :- 22.4.2025 Mohit Singh/-
Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the pending partition suit under Section 116 U.P. Revenue Code, 2006 should be directed to be decided expeditiously within six months.
2 provisions across 2 enactments
Ramu @ Ramu Saroj
State of U.P. Thru. Prin. Secy. Revenue, Lko.
Gram Sabha, Vijaipur, Post-Vihar, Tehsil-Kunda, District-Pratapgarh
Saurabh Lavania
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
