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2025 DAILYLAW 111933 (ALL)

PRAMILA SINGH v. STATE OF U.P. AND 3 OTHERS

WRIC/42138/2024 · 2025-03-06

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33395 Court No. - 7 Case :- WRIT - C No. - 42138 of 2024 Petitioner :- Pramila Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sarvesh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioner 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 petitioner in the present writ petition is to direct the respondent no.2-Naib Tehsildar Gadwar Tehsil Sadar, District Ballia to decide the Case No. 5907 of 2022 Computerized Case No. T202215090305907 (Pramila Singh Versus Smt. Rajeshwari Devi) under Section 35 of U.P. Revenue Code, 2006 situated in Mauja Ekauni Post Fefna Pargana Kopachit Sharki Tehsil and District Ballia, within stipulated period. 4. It is argued by the counsel for the petitioner that as per provisions contained under sub-rule (7) of Rules 34 of the U.P. Revenue Code, 2006, 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 20 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 Naib Tehsildar Gadwar, 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 :- 7.3.2025/T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad