NIRMALA SINGH v. TEHSILDAR (JUDICIAL) BIKAPUR, TESHIL BIKAPUR, DISTT. AYODHYA AND 4 OTHERS
A227/1396/2025 · 2025-03-18
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128470 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128470 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:15765 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1396 of 2025 Petitioner :- Nirmala Singh Respondent :- Tehsildar (Judicial) Bikapur, Teshil Bikapur, Distt. Ayodhya And 4 Others Counsel for Petitioner :- Dhirendra Kumar Mishra 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:-
"Issue an order or direction commanding opposite parties specially opposite party No. 1 i.e. Tehseeldar (Judicial), Bikapur, Tehseel Bikapur, Ayodhya to decide the Mutation case no. 5052/2023 ( computer case no. T202404230300521 Nirmla versus Ramtej u/s 34 of U.P. Revenue Code 2006, pending in the court of opposite party no. 2 i.e. Tehsildar Bikapur, Tehseel Bikapur, District Ayodhya as early as possible within fixed time frame by this Hon'ble Court, under provisions of the sub rule 5 and 7 of Rule 34 of The Uttar Pradesh Revenue code Rules, 2016." 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 2024, 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 Case No.5052/2023 (Computer Case No.T202404230300521 (Nirmla versus Ramtej) 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