JAI PRAKASH GUPTA AND 3 OTHERS v. State of UP AND 3 OTHERS
WRIC/40353/2024 · 2025-03-17
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 109836 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 109836 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:38570 Court No. - 33 Case :- WRIT - C No. - 40353 of 2024 Petitioner :- Jai Prakash Gupta And 3 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Hari Om Gupta Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. Heard learned counsel for the petitioners and perused the record.
2. In view of the order proposed to be passed herein, no useful purpose would be served by putting the opposite party 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.
3. The basic relief sought by the petitioners in the present writ petition is to direct the respondent No.3/ Tehsildar, Tehsil- Sadar, District-Ballia to decide Mutation Case No.16445 of 2024 (Computerized Case No. T202415090316445) (Jaiprakash & Vijay Kumar Gupta & others Vs. Amarnath), under Section 34/35 of U.P. Revenue Code, 2006, within stipulated period.
4. It is argued by the counsel for the petitioners that as per provisions contained under sub-rule (7) of Rules 34 of the U.P. Revenue Code Rules, 2016, such kind of applications should be decided within a time bound period. Sub Rule (7) of Rules 34 reads as follows:-
"(7). The Tahsildar shall make an endeavor 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."
5. It is further argued that though the aforesaid period has already been lapsed but till date no final decision has been taken in the matter, hence the present writ
petition.
6. In the facts and circumstances of the case, the present writ petition is disposed of finally directing the Tehsildar, Tehsil- Sadar, District - Ballia to decide the aforesaid case as per the provisions contained under sub-rule (7) of Rules 34 of the U.P. Revenue Code, 2006, unless there is no legal impediment. Order Date :- 18.3.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad