Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 111997 (ALL)

USHA DEVI AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

WRIC/42210/2024 · 2025-03-06

Prakash Padia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:33578 Court No. - 7 Case :- WRIT - C No. - 42210 of 2024 Petitioner :- Usha Devi And 4 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Jitendra Kumar Srivastava 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 Tehsildar, Tehsil Etawah, District Siddharth Nagar to decide the Case No. 2904 of 2015 (Computer Case No. T201617630303543) (Usha Devi Versus Adhara, under Section 34 of U.P. Revenue Code, 2006 pending since 2013 expeditiously 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 Tehsildar, Tehsil Etawah, District Siddharth Nagar 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