RAMNARESH v. LEARNED TEHSILDAR, TEHSIL MAHOLI, SITAPUR AND OTHERS
A227/994/2025 · 2025-02-21
S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124820 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124820 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11398 Court No. - 20 Case :- MATTERS UNDER ARTICLE 227 No. - 994 of 2025 Petitioner :- Ramnaresh Respondent :- Learned Tehsildar, Tehsil Maholi, Sitapur And Others Counsel for Petitioner :- Mahesh Kumar Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Shri Mahesh Kumar, learned counsel for the petitioner, Sri R.P. Maurya, learned Standing Counsel representing the State-respondent no.1 and perused the record. 2. The present writ petition has been filed, inter-alia, for the following reliefs:
"(I) issue an orcer or direction to thereby directing the opposite party no.1/ learned Tehsildar, Tehsil Maholi, District Sitapur, to decide the Case No. 387 of 2024( Computerized Case No. T202410640000387) filed under Section 34 of Uttar Pradesh Revenue Code 2006 (Ramnaresh vs. Puttu Lal) pending in the court of learned Tehsildar, Tehsil Maholi, District Sitapur, within stipulated period of time as fixed by this Hon'ble High Court. (II) Any other order or direction which Hon'ble Court deems fit and proper may pass in favour of petitioner."
3. Learned counsel for the petitioner submits that opposite party no.2/ grand father being issue-less had executed a registered will deed on 02.11.2023, in favour of the petitioner, which is duly registered in the office of Sub- Registrar Maholi, District Sitapupr. He further submits that after the death of opposite party no.2, on the basis of the aforesaid will deed the petitioner has filed mutation case under Section 34 of Uttar Pradesh Revenue Code 2006 before the opposite party no.1/ Tehsildar, Tehsil Maholi, District Sitapur on 16.03.2024 and the same is registered as Case No. 387 of 2024 (Computerized Case No. T202410640000387) (Ramnaresh Vs. Puttu Lal). He submits that the opposite party no.1 /Tehsildar, Tehsil Maholi, District Sitapur may be directed to decide the mutation application dated 16.03.2024 on merits after affording opportunity of hearing to the parties concerned. 4. The contention of the learned counsel for the petitioner is that the matter is pending before the court of Tehsildar, Tehsil
Maholi, District Sitapur since 16.03.2024. 5. Sub Rule (7) of Rule 34 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 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 relief sought in the present writ petition, the service of notice upon the respondent nos. 2 and 3 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. 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, Tehsil Maholi, District Sitapur (respondent No. 1), before whom the aforementioned matter is pending for disposal, to decide the mutation application dated 16.03.2024 bearing Case No. 387 of 2024 (Computerized Case No. T202410640000387) (Ramnaresh Vs. Puttu Lal), 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. 10. 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