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2025 DAILYLAW 101286 (ALL)

BRIJENDRA PAL SINGH v. State of UP AND 3 OTHERS

WRIC/32791/2024 · 2025-06-30

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:101002 Court No. - 33 Case :- WRIT - C No. - 32791 of 2024 Petitioner :- Brijendra Pal Singh Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Narendra Kumar Chaubey,Satya Prakash Chaubey Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The petitioner has preferred the present petition with the following prayer:- (i) Issue a writ, order or direction in the nature of Mandamus commanding to mutate the name of the petitioner on the Araji No.761/1 area 0.5310 hectare situated in village Kirra Tehsil Khurja District Bulandshahar and further direct the respondent No.2 to make Fatta/ Kura among the co-sharer. 2. Facts in brief as contained in the petition are that a sale deed was executed in favour of the petitioner on 03.05.2017 and for mutation of his name in the revenue records,, the petitioner filed Mutation Case No.223 of 2017 before the respondent No.2/Naib Tehsildar, Khurja District Bulandshahar. In the aforesaid case, an order dated 03.08.2017 had been passed by the respondent No.2 by which notices were issued to the opposite parties fixing 16.08.2017. In the aforesaid order a reference of Writ C No.36328 of 2010 filed by respondent No.4/Chandrasen before this Court has been mentioned. The aforesaid writ petition has already been dismissed for want of prosecution by this Court vide order dated 10.07.2023, copy of the order is appended as Annexure No.5 to the writ petition. 3. It is argued by learned counsel for the petitioner that since the Writ C No.36328 of 2010 filed by Chandrasen has already been dismissed for want of prosecution by this Court, the respondent No.2/Naib Tehsildar, Khurja District Bulandshahar or the authority before whom the Mutation Case No.223 of 2017 is pending be directed to decide the aforesaid case expeditiously. 4. Heard learned counsel for the petitioner and learned Standing Counsel for respondent Nos.1 to 3. 5. In view of the order proposed to be passed herein, no useful purpose would be served by putting the respondent No.4 to notice and keeping this petition pending before this Court. However, in case the opposite party feels aggrieved by the order his/her right to seek modification/variation of the order is being kept reserved. 6. In the facts and circumstances of the case, the present petition is disposed of directing the respondent No.2/Naib Tehsildar, Khurja District Bulandshahar or the authority before whom the matter is pending to decide the Mutation Case No.223 of 2017 strictly in accordance with law most expeditiously and preferably within a period of four months from the date of production of certified copy of this order but after providing opportunity of hearing to all the necessary parties including respondent No.4/Chandrasen unless there is no legal impediment. Order Date :- 1.7.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad