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2025 DAILYLAW 128838 (ALL)

DWARIKA PRASAD v. NAIB TEHSILDAR, GAURA, TEHSIL RANIGANJ, PRATAPGARH AND ANOTHER

A227/1497/2025 · 2025-03-20

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16017 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1497 of 2025 Petitioner :- Dwarika Prasad Respondent :- Naib Tehsildar, Gaura, Tehsil Raniganj, Pratapgarh And Another Counsel for Petitioner :- Puttu Lal Misra,Prince Verma Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. 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(s):- "(i) Issue an order or direction thereby commanding and directing the Naib Tehsildar, Gaura, Tehsil- Raniganj, District- Pratapgarh (respondent No. 01 herein) to decide the pending mutation proceeding bearing Case No. 01972/2020, Computerised Case No. T202002570501972, Dwarika Prasad Vrs. Jhinguri, under Section 34 of the U.P. Revenue Code, 2006, preferred by the plaintiff/purchaser (petitioner herein) expeditiously within such period which may kindly be stipulated 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 2020, 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/Naib Tehsildar, Gaura, Tehsil- Raniganj, District- Pratapgarh to consider and decide the Case No. 01972/2020, Computerized Case No. T202002570501972 (Dwarika Prasad Vs. Jhinguri) 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. With the aforesaid, the petition is disposed of. Order Date :- 20.3.2025/Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench