Smt. Mafidul Nisha Vs Divisional Magistrate, Sultanpur and Others — Allahabad HC (2025) — LawSathi Research

Smt. Mafidul Nisha Vs Divisional Magistrate, Sultanpur and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no.2 - Sub Divisional Magistrate, Tehsil-Jaisinghpur, Sultanpur to decide case No.1943/2020 (Smt. Firoza Bano Vs. Smt. Mafidul Nisha and others) expeditiously, say within six months from the date of production of the certified copy of the order, after affording opportunity of hearing in accordance with law, if there is no legal impediment; parties directed to cooperate and to avoid unnecessary adjournments.

Issue for consideration

Whether respondent No.2 - Sub Divisional Magistrate, Tehsil-Jaisinghpur, Sultanpur should consider and decide case No.1943/2020 (Smt. Firoza Bano Vs. Smt. Mafidul Nisha and others), under Section 116 of U.P. Revenue Code, 2006, expeditiously/in a time-bound manner.

Court's answer

Considering the facts and circumstances, without entering into the merits, respondent no.2 - Sub Divisional Magistrate, Tehsil-Jaisinghpur, Sultanpur is desired to make all endeavor to decide case No.1943/2020 (Smt. Firoza Bano Vs. Smt. Mafidul Nisha and others) under Section 116 of U.P. Revenue Code, 2006, expeditiously, say within a period of six months from the date of production of a certified copy of this order, after affording opportunity of hearing to the parties concerned in accordance with law, if there is no legal impediment.

Ratio / Principle

The parties to the case are directed to cooperate in its expeditious disposal and shall not seek any unnecessary adjournment, nor shall the court below grant such adjournment except in exceptional circumstances; petitioner's counsel undertakes to cooperate in expeditious disposal, failing which the benefit of the order shall not be available to the petitioner.

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD (Lucknow Bench), Court No. 5 - Hon'ble Alok Mathur, J. - decided November 3, 2025. Matters Under Article 227 No. 6409 of 2025 (Smt. Mafidul Nisha v. Divisional Magistrate, Sultanpur and others). The petitioner sought a direction to respondent No. 2, Sub Divisional Magistrate, Tehsil-Jaisinghpur, Sultanpur, to decide Revenue case No.1943/2020 (computerized case No.T202004680701943), styled 'Smt. Firoza Bano Vs. Smt. Mafidul Nisha and others', preferred by opposite party No. 3 under Section 116 of U.P. Revenue Code, 2006, expeditiously. Learned Standing Counsel had no objection to the prayer. Without entering into the merits, the Court desired the SDM to make all endeavor to decide the said case expeditiously, say within a period of six months from the date of production of a certified copy of the order, after affording opportunity of hearing to the parties concerned in accordance with law, if there is no legal impediment. The parties were directed to cooperate in expeditious disposal and neither to seek nor be granted unnecessary adjournments except in exceptional circumstances, the petitioner's counsel undertaking cooperation failing which the benefit of the order would not be available. Notice on private respondents dispensed with. Writ petition disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

MATTERS UNDER ARTICLE 227 No. - 6409 of 2025

Smt. Mafidul Nisha

.....Petitioner(s)

Versus

Divisional Magistrate, Sultanpur And Others

.....Respondent(s)

Counsel for Petitioner(s) Counsel for Respondent(s)	: Anurag Mishra, Anand Kumar Dubey, Ashish Kumar Upadhyay : C.S.C., Mohan Singh

Court No. - 5

HON'BLE ALOK MATHUR, J.

Heard learned counsel for the petitioner as well as Sri Yogesh Kumar Awasthi, learned Standing Counsel for the State respondents while notice on behalf of respondent No.4-Gaon Sabha has been accepted by Sri Mohan Singh.

In view of the proposed order notice to private respondents is dispensed with.

Instant petition has been filed by the petitioner praying for direction to the respondent No.2- Sub Divisional Magistrate, Tehsil- Jaisinghpur, Sultanpur to decide case No.1943/2020, computerized case No.T202004680701943 "Smt. Firoza Bano Vs. Smt. Mafidul Nisha and others) preferred by opposite party No.3 under Section 116 of U.P.Revenue Code, 2006, expeditiously.

Learned counsel for the petitioner submits that grievance of the petitioner would be sufficiently met in case respondent no. 2 considers and decides the aforesaid case in the time bound manner.

Learned Standing Counsel has no objection to the aforesaid prayer.

Considering the facts and circumstances of the case, without entering into the merits, respondent no.2 - Sub Divisional Magistrate, TehsilJaisinghpur, Sultanpur is desired to make all endeavor to decide case No.1943/2020, computerized case No.T-202004680701943 "Smt. Firoza

A227 No. 6409 of 2025

2

Bano Vs. Smt. Mafidul Nisha and others) preferred by opposite party No.3 under Section 116 of U.P.Revenue Code, 2006, expeditiously, say within a period of six months from the date of production of certified copy of this order, after affording opportunity of hearing to the parties concerned in accordance with law, if there is no legal impediment.

It is directed that the parties to the case shall cooperate in expeditious disposal of the case and shall not seek any unnecessary adjournment, neither any such adjournment shall be granted by the Court concerned, except in exceptional circumstances. Counsel for the petitioner undertakes that he shall cooperate in expeditious disposal of the case, failing which the benefit of this order shall not be available to the petitioner.

With above observations/directions, the writ petition stands disposed of.

(Alok Mathur,J.)

November 3, 2025 RKM.

Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench