RAMESH KUMAR v. NAIB TAHSILDAR, TAHSIL-JAYSINGHPUR, DISTT. SULTANPUR AND ANOTHER
A227/1389/2025 · 2025-03-18
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128658 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128658 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:15746 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1389 of 2025 Petitioner :- Ramesh Kumar Respondent :- Naib Tahsildar, Tahsil-Jaysinghpur, Distt. Sultanpur And Another Counsel for Petitioner :- Mahendra Pratap Verma,Brijesh Srivastava 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), if any, is hereby dispensed with. The instant petition has been preferred seeking following main relief:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court, may graciously be pleased to direct the opposite party no. 1, to decide the case no. T 2024046 80702248 under section 34 of U.P. Revenue Code 2006 in the name and style of Ramesh Kumar VERSUS Ram Avtaar, In respect of gata no. 221mi, 228, 225, 41K, 48K. 49, 50, 51, 52K, 53K and 54K, situated at Village - Gyanpur, Pargana- Aldemau, Tahsil - Jaysinghpur, District - Sultanpur, within some short/ Stipulated period, determined by this Hon'ble Court, as contained in Annexure No. 1 to the petition in the interest of justice." 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, 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. T 2024046 80702248 most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any 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. With the aforesaid, the petition is disposed of.
Order Date :- 18.3.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench