Allahabad High Court
WRIC/18968/2026 of RAJNEESH RANJAN Vs BANKEBIHARI AND 3 OTHERS on 13 May 2026
JUDICATURE AT ALLAHABAD WRIT - C No. - 18968 of 2026 Court No. - 36 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and perused the record. 2. The writ petition has been filed seeking following relief :- "( a ).
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 18968 of 2026
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
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1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and perused the record.
2. The writ petition has been filed seeking following relief :- "(a). issue an order or direction, directing the direct the Sub Divisional Magistrate Koraon District Prayagraj to decide the partition Suit No.(Original Case No. T-202602030902638 of 2026, Bankevihari Versus Rajneesh Ranjan Revenue and others) under section 116 U.P. Code 2006 within short span of time as fixed by this Hon'ble Court, further prayed that Hon'ble Court passed status quo order on disputed Arazi No./ Gata No. 11 area 0.5710hectare, till the disposal of partition suit in the interest of justice, otherwise the petitioner shall suffer irreparable loss and injury"
3. Contention of learned counsel for the petitioner is that the proceedings under Section 116 of U. P. Revenue Code, 2006 are pending consideration. It has been further contended by learned counsel for the petitioner that appropriate directions be issued to Sub Divisional Magistrate Koraon District Prayagraj to decide the same within a stipulated time or in a time frame as may be fixed by this Court.
4. Learned counsel for the petitioner brought attention of the Court to Sub Rule (10) of Rule 109 of U.P. Revenue Code Rules, 2016, "Rule 109. Preliminary and Final decrees (Section 117), is quoted as Versus Counsel for Petitioner(s) : Sanjay Counsel for Respondent(s) :
Rajneesh Ranjan .....Petitioner(s) Bankebihari And 3 Others .....Respondent(s)
under:
(10) The Sub-Divisional Officer shall make an endeavour 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."
5. In view of the provisions as contemplated in Sub Rule (10) of Rule 109 of U.P. Revenue Code, 2016, no useful purpose would be served in keeping this petition pending.
6. The Sub Divisional Magistrate Koraon District Prayagraj is directed to consider and decide the aforesaid pending proceeding under Section 116 of U.P. Revenue Code, 2006, before him, in accordance with law, expeditiously, after giving opportunity of hearing to the parties concerned as well as opportunity to lead evidence in support of their case and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment, keeping in view of the mandate of Sub Rule (10) of Rule 109 of U.P. Revenue Code, 2016, quoted above.
7. With these observation, this petition is disposed of. May 14, 2026 Rishabh WRIC No. 18968 of 2026 2 (Manish Kumar Nigam,J.) Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad