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HIGH COURT OF JUDICATURE AT ALLAHABAD?Court No. - 18 Case :- WRIT - C No. - 19048 of 2021 Petitioner :- Mohit Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Rajesh Kumar Counsel for Respondent :- C.S.C.,Rameshwar Prasad ShuklaHon'ble Ajay Bhanot,J.
The proceedings under Section 116 of the U.P. Revenue Code were taken out by respondent no. 4 which came to be registered as Case no. 2444/16 (Computer Case No. T-20161506072444) (Santa Vs Mohit and others) before the Sub Divisional Officer, Tehsil-Sagari, District-Azamgarh.
All the parties to the suit are members of the same family. The suit is for partition of the land holding of the family.
Sri Rajesh Kumar, learned counsel for the petitioner contends that delay in disposal of the suit is causing great inconvenience to the parties and is also causing estrangement of relations within family. He further submits that the matter was posted for arguments for final hearing on 13.02.2019, after the complainant had submitted that he does not wish to introduce any evidence. Learned counsel for the petitioner submits that the procedure and the time period for decision of the partition suit instituted under Sections 116 and 117 of the U.P. Revenue Code, 2006 is prescribed in meticulous detail in Rule 109 (10) of the U.P. Revenue Code Rules, 2016. Reference is made to Rule 109 (10):
"109 (10) The Sub-Divisional Officer shall make an endeavor 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."
The only prayer made by Sri Rajesh Kumar, learned counsel for the petitioner is that the proceedings registered as Case no. 2444/16 (Computer Case No. T-20161506072444) (Santa Vs Mohit and others) under Section 116 of the Uttar Pradesh Revenue Code, 2006 may be decided within a reasonable period of time.
Learned Standing Counsel submits that the authorities are under an obligation of law to make efforts to decide the proceedings under Section 116 of the Uttar Pradesh Revenue Code, 2006 within the period prescribed in the statute.
From the order-sheet no satisfactory reason is disclosed regarding deviation from the time period provided in the statute.
No lis can remain pending indefinitely before a court of law. Prolonged pendency of a lis without good cause may lead to miscarriage of justice. There is no reasonable cause for delay in the final decision in the case.
No useful purpose will be served by exchanging the pleadings and keeping this writ petition pending before this Court.
The matter is remitted to the learned court below/Sub-Divisional Officer, Tehsil-Sagari, Distirct Azamgarh.
A writ in the nature of mandamus is issued commanding the learned court below/Sub-Divisional Officer, Tehsil-Sagari, Distirct Azamgarh, to execute the following directions:
(I) The learned court below/Sub-Divisional Officer, Tehsil-Sagari, Distirct Azamgarh, shall decide the proceedings registered as Case no. 2444/16 (Computer Case No. T-20161506072444) (Santa Vs Mohit and others) under Section 116 of the Uttar Pradesh Revenue Code, 2006 within a period of six months from the date of production of a computer generated copy of this order, downloaded from the website of High Court, Allahabad.
The computer generated copy of such order be self attested by the counsel of the party concerned and the authority/official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
(II) All parties to the lis shall be given an opportunity of hearing before the final order is passed.
(III) All parties to the lis are directed to cooperate with the proceedings before the learned court below/Sub-Divisional Officer, Tehsil-Sagari, Distirct Azamgarh.
(IV) In case any party does not cooperate in the proceedings before the learned court below/Sub-Divisional Officer, Tehsil-Sagari, Distirct Azamgarh, or adopts dilatory tactics, the learned court below/Sub-Divisional Officer, Tehsil-Sagari, Distirct Azamgarh, shall record a finding to this effect and proceed in accordance with law.
(V) The learned court below/Sub-Divisional Officer, Tehsil-Sagari, District Azamgarh, shall give short dates in the proceedings.
(VI) The learned court below/Sub-Divisional Officer, Tehsil-Sagari, Distirct Azamgarh, shall not grant any unnecessary adjournment to the parties.
(VII) In case an adjournment is granted in the paramount interest of justice, the learned court below/Sub-Divisional Officer, Tehsil-Sagari, Distirct Azamgarh, shall impose costs not below Rs. 500/- for each adjournment upon the party seeking adjournment.
(VIII) If necessary, the learned court below/Sub-Divisional Officer, Tehsil-Sagari, Distirct Azamgarh, shall proceed on day to day basis to ensure that the above stipulated timeline of six months to decide the case is strictly adhered to.
(IX) This order is being passed when the threat of Covid-19 pandemic still exists. In case the court proceedings are held up due to Covid-19 outbreak, the lost working days shall be adjusted and the stipulated period of three months shall accordingly be enhanced.
With the aforesaid directions, the petition is finally disposed of.
This order is being passed when the threat of Covid-19 pandemic still exists. In case the court proceedings are held up due to Covid-19 outbreak, the lost working days shall be adjusted and the stipulated period of three months shall accordingly be enhanced.
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