SANDEEP SINGH v. NAYAB TEHSILDAR, NAWABGANJ, TEHSIL-TARABGANJ, DISTT. GONDA AND ANOTHER
A227/1355/2025 · 2025-03-18
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128232 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128232 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:15764 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1355 of 2025 Petitioner :- Sandeep Singh Respondent :- Nayab Tehsildar, Nawabganj, Tehsil-Tarabganj, Distt. Gonda And Another Counsel for Petitioner :- Upendra Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. The instant petition has been preferred seeking following main relief:-
"a. an order or direction thereby commanding to the Opposite Party No.1 who is not deciding the Case No.4783/2016 Computerized Case No.T-2016083047064783, under Section 34 U.P. Revenue Code, 2006 parties "Sandeep Singh Versus Rampal Singh" pending in the court of Nayab Tehsildar, Nawabganj, Teshil Tarabganj District Gonda i.e. Opposite Party No.1, within stipulated time fixed by this Hon'ble Court." Considering the fact that the case in issue relates to mutation and as per Rule 34(7) of U.P. Revenue Code Rules, 2016 made under the U.P. Revenue Code, 2006, the mutation proceedings, being summary in nature, ought to have been decided within 45 days if there is no dispute and if there is dispute, then the same should preferably be decided within 90 days, however, in the instant case, the proceedings for mutation are pending since 2016, this Court is of the view that no gainful purpose will be served in keeping the present petition pending. In view of above, the present petition is disposed of with a direction to the respondent No.1 to consider and decide the Case No.4783/2016 Computerized Case No.T-2016083047064783, under Section 34 U.P. Revenue Code, 2006 (Sandeep Singh Versus Rampal Singh) most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party preferably within a period of three months from the next date fixed in the case, if there is no other legal impediment in this regard. It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law. Order Date :- 18.3.2025 Arun/Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench