PRABHAWATI SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Hemant Kumar Mishra, learned counsel for the petitioner and Mrs. Bulbul Godiyal, Senior Counsel assisted by Sri Janardan Singh on behalf of contesting opposite party nos. 6 and 7.

(2.) The opposite parties nos. 6 and 7 of W.P. No. 22981 (MS) of 2019 namely Smt. Prabhawati and Vijay Kumar have instituted a petition under Article 227 of the Constitution of India bearing No. 7563 (MS) of 2020 wherein a limited prayer has been made that the Sub Divisional Magistrate, Tehsil Tarabganj, District Gonda be directed to expeditiously decide the case bearing No. T201908300603097; under Section 116 of the U.P. Revenue Code, 2006 (Smt. Prabhawati Singh and Another Vs. Amar Bahadur Singh and other) preferrably within a period of 3 months. In the aforesaid petition, Smt. Jasoda Singh (the petitioner in the instant petition) has been impleaded as opposite party no. 4. Thus the said petition has been connected with W.P. No. 22981 (MS) of 2019. Since the issue involved in present petition will impact the grant of relief in the other petitions, hence, both the petitions are being decided by this common judgment for the convenience the facts are being noticed from W.P. No. 22981 of 2019.

(3.) The petitioner assails the order dated 26.06.2019 passed by the SDM, Tahsil, Tarabganj, District Gonda whereby the Suit of the opposite party nos. 6 and 7 has been registered, notices were issued to the defendants of the suit and further as an interim measure, the parties have been directed not to change the nature of the property in question and also under challenge is the institution of the suit itself before the SDM under Section 116 of the U.P. Revenue Code, 2006.