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2025 DAILYLAW 112370 (ALL)

RAM BAHADUR AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/42947/2024 · 2025-05-14

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80797 Court No. - 33 Case :- WRIT - C No. - 42947 of 2024 Petitioner :- Ram Bahadur And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raja Ullah Khan 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.3/ Naib Tehsildar, Sindhauli, Tehsil Powayan, District Shahjahanpur to decide the Mutation Case No. 933 of 2024 Computerized Case No. T202412610203447 (Ram Bahadur and another Versus Lakhan), under Section 34/35 of U.P. Revenue Code, 2006, pending in the Court of respondent no.3, 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 respondent no.3/ Naib Tehsildar, Sindhauli, Tehsil Powayan, District Shahjahanpur 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 :- 15.5.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad