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2025 DAILYLAW 124816 (ALL)

MAYAWATI v. STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND OTHERS

A227/993/2025 · 2025-02-21

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11306 Court No. - 20 Case :- MATTERS UNDER ARTICLE 227 No. - 993 of 2025 Petitioner :- Mayawati Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Others Counsel for Petitioner :- Farooq Ayoob,Mansi Gupta Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Ms. Mansi Gupta, learned counsel for the petitioner, Sri Badrish Tripathi, learned Additional Chief Standing Counsel representing the State-respondents nos.1 and 2 and perused the record. 2. The present writ petition has been filed, inter-alia, for the following relief: " It is most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the instant petition under Article 227 of the Constitution of India is being filed for a direction to the opposite party no.2 to decide the Mutation Application dated 20.01.2020 in Case No. 724/2020, under Section 34/35 Land Revenue Act (Mayawati vs. Ram Manohar) which is pending before the opposite party no.2 dated 20.01.2020, expeditious as possible within a period as stipulated by this Hon'ble Court." 3. Learned counsel for the petitioner submits that the Mutation Application dated 20.01.2020 bearing Case No. 724/2020, under Section 34/35 Land Revenue Act (Mawayawati vs. Ram Manohar) is pending before the opposite party no.2- Tahsildar (Judicial), Tahsil- Nawabganj, District Barabanki. 4. The contention of the learned counsel for the petitioner is that the matter is pending before the court of Tehsildar (Judicial), Tahsil- Nawabganj, District Barabanki since 20.01.2020. 5. Sub Rule (7) of Rule 34/35 of the U.P. Revenue Code Rules, 2016 provides as under: "......(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." 6. There is a clear legislative mandate that if proceedings are not concluded within stipulated period of time as provided under the aforesaid provision, reasons for the same shall be recorded. 7. Learned Additional Chief Standing Counsel submits that he has no objection to the extent that a direction is issued by this Court for expeditious disposal of the case within stipulated period as to be fixed by this Court. 8. In view of the nature of the order proposed to be passed, the service of notice upon the respondent no. 5 is dispensed with. 9. Taking into consideration the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping this writ petition pending. 10. Accordingly, without adverting on merits of the case and with the consent of the parties, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Tehsildar, (Judicial), Tahsil- Nawabganj, District Barabanki (respondent No. 2), before whom the aforementioned matter is pending for disposal, to decide the mutation application dated 20.01.2020 bearing Case No. 724/2020, under Section 34/35 Land Revenue Act (Mawayawati vs. Ram Manohar), strictly in accordance with law, by a reasoned order on merit after affording opportunity of hearing to the parties concerned, expeditiously and preferably within a period of three months from the date of receipt of a certified copy of this order, unless there is any legal impediment. It is further directed that no unnecessary adjournments be granted to either of the parties and the adjournment, if prayed for, may be granted only in exceptional circumstances. 11. With the aforesaid direction, the present writ petition is disposed of. Order Date :- 21.2.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench