Allahabad High Court
Poonam Singh vs Sub Divisional Magistrate, ... on 1 March, 2023
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1055 of 2023
Petitioner :- Poonam Singh
Respondent :- Sub Divisional Magistrate, Tehsil Sadar, Sultanpur, And Others
Counsel for Petitioner :- Rajnish Kumar Singh,Shashank Vikram Shah
Counsel for Respondent :- C.S.C.,Mohan Singh
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the parties.
In view of the order proposed to be passed by this Court, notice to the private-respondent No. 3 is hereby dispensed with.
By means of this petition, the petitioner has prayed for the following main reliefs:-
"1. Direct the Opposite party No.1 to expedite the hearing and disposal of the petitioner's Case No. D202004680000237 dated 29-1-2020 U/S 116 of U.P. Revenue Code-2006 and by allowing that case the share of the Petitioner may be determined and further the O.P. No.1 may be directed to allow/decide the Case No. D202004680000237 possibly on day to day basis or to deliver the judgment at an early date or within the time to be stipulated by this Hon'ble Court.
2. Direct the Opposite party No.1 to not promote the pendency of case No. D202004680000237 any further and except in extra-ordinary circumstances no adjournments may be granted but in the meantime till decision in Case, this Hon'ble court may kindly be pleased to issue restraints to the O.P.No.3 from proceeding with the suit property subjudiced in the case pending before the O.P.No.1."
For the purposes of reliefs sought, learned counsel for the petitioner stated that in earlier round of litigation, the petitioner approached this Court by mean of the Writ Petition No. 36208 (M/S) of 2019 (Poonam Singh vs. S.D.M., Teh. Sadar Sultanpur and others), wherein, this Court took cognizance of the fact that the case(s)/suit(s) preferred under U.P. Revenue Code, 2006 (in short "Code of 2006") are not being decided in the time schedule provided under the Act and thereafter, passed a detailed order on 02.01.2020 and considering the said order of this Court, the case i.e. Suit No. 137 of 2017 filed under Section 116 of the Code of 2006 was dismissed on technical ground and thereafter, the petitioner preferred a fresh suit for partition of land, in issue, under Section 116 of the Code of 2006 in the Court of respondent No. 1/Sub Divisional Magistrate, Tehsil Sadar, Sultanpur on 01.02.2020 registered as Case No. D202004680000237, which is pending since 01.02.2020. In the suit, the petitioner has also preferred an application seeking interim protection.
He submitted that in the said suit, no effective order was passed on 16 days on account of the fact that the lawyers were abstaining from work and on 28 days, no effective order was passed on account of the fact that the Presiding Officer concerned was not holding the Court.
It is also stated that as per Rule 109(10) of U.P. Revenue Code Rules, 2016 made under the U.P. Revenue Code, 2006, a suit for partition preferred under Section 116 of the Code of 2006 should preferably be decided within a period of six months. However, in the instant case, neither the application for interim relief has been disposed of nor the suit, in issue, dated 29.01.2020 has been disposed of despite the fact that the same was filed on 01.02.2020 and on account of pendency of the said suit as also the application seeking interim relief, the petitioner being a lady is suffering great hardship. In these circumstances, indulgence of this Court is required in the matter. The prayer is to expedite the proceedings of pending case.
Learned standing counsel submits that he has no objection in case an expedite order is passed.
Considering the facts and circumstances of the case, this Court is of the opinion that no fruitful purpose will be served in keeping this petition. Accordingly, this petition is disposed of with a direction to the respondent No.1 to consider and decide the pending proceedings of Case No. D202004680000237 most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of six months from the date a certified copy of this order is placed before the Authority concerned.
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.
With the aforesaid, the petition is disposed of.
Order Date :- 1.3.2023
Arun/-
