Neutral Citation No. - 2025:AHC:11477 Court No. - 34 Case :- WRIT - C No. - 38295 of 2024 Petitioner :- Awadesh Kumar And Another Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Kanhaiya Lal Tiwari Counsel for Respondent :- C.S.C. Hon'ble Brij Raj Singh, J. 1. Heard learned counsel for the petitioners and Sri Abhishek Shukla, learned Additional Chief Standing Counsel for the State- opposite parties no.1 and 2. 2. In view of the order proposed to be passed, issuance of notice to opposite party no.3 is dispensed with. 3. The present petition has been filed with a limited prayer for issuance of a writ in the nature of Mandamus commanding and directing opposite party no.2 to decide mutation Case No.1120 of 2007-2008, Computerised Case No.T200717140100100, Ram Kalap Vs. Ram Shankar, under Section 34 of U.P. Revenue Code, 2006 within a stipulated period. 4. Learned counsel for the petitioners submits that the power to mutate on the basis of succession flows from under Section 33 of the U.P. Revenue Code, 2006 and is to be exercised in the manner prescribed by Section 35. It is further guided by Rule 34 (7) of the U.P. Revenue Code Rules, 2016, which reads as under:- "Rule 34. Issue of Proclamation [Section 35(1)]. (1) x x x x (2) x x x x (3) x x x x (4) x x x x (5) x x x x (6) x x x x (7) The Tahsildar shall make an endeavour to decide the undisputed case of mutation within the period of 45 days from the date of the registration of the case and the disputed case of mutation within the period of 90 days and if the proceeding is not concluded within such period the reason for the same shall be recorded. (8) x x x x" 5. Learned Additional Chief Standing Counsel does not dispute the aforesaid legal position. 6. Writ petition is accordingly disposed of with a direction to opposite party no.2 to decide the aforesaid case pending before him within a period of three months from the date of receipt of a certified copy of this order, in accordance with law, after hearing all parties concerned. . (Brij Raj Singh, J.) Order Date :- 22.1.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad