Allahabad High Court
Gyanoday Uchchattar Madhyamik ... vs State Of Up And 3 Others on 26 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:185453 Court No. - 50 Case :- WRIT - C No. - 39054 of 2024 Petitioner :- Gyanoday Uchchattar Madhyamik Vidhyalay Ghughuliya Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ghan Shyam Yadav,Sonu Kumar Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.
1. Heard Counsel for the petitioner and learned Standing Counsel for State-respondents.
2. The instant writ petition has been filed for the following relief:-
"Issue a writ, order or direction in the nature of mandamus commanding and directing the Sub Divisional Magistrate Tehsil Naugarh District Siddharth Nagar to expedite the suit No. 3384 of 2015 computerized case No. T20151765013384 (Sanjay Kumar Vs. Maya Devi and other) under Section 116 of U.P. Revenue Code, 2006."
3. Counsel for the petitioner submitted that suit for partition under Section 116 of U.P. Revenue Code, 2006 is pending before respondent no.2, Sub Divisional Magistrate, Tehsil Naugarh District Siddharth Nagar since 2015. He further submitted that preliminary decree has been passed and matter is pending for the last more than nine years. He further placed the certified copy of the order sheet of the pending proceeding in order to demonstrate that matter is not proceeding expeditiously.
4. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to respondent no.2, Sub Divisional Magistrate, Tehsil Naugarh District Siddharth Nagar to consider and decide the aforementioned proceeding in accordance with law expeditiously and preferably within a period of four months from the date of production of certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties.
Order Date :- 26.11.2024 Vandana Y.