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2025 DAILYLAW 129060 (ALL)

SMT. MASTAHIN v. TEHSILDAR, TEHSIL KUNDA, PRATAPGARH AND ANOTHER

A227/1501/2025 · 2025-03-20

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16019 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1501 of 2025 Petitioner :- Smt. Mastahin Respondent :- Tehsildar, Tehsil Kunda, Pratapgarh And Another Counsel for Petitioner :- Suresh Sharma,Devendra Kumar Singh 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 a direction to direct the opposite party no.1 to decide the mutation suit in case No. 78/2024, bearing computerized Case No. T-202402570100078 "Mastahin Vs. Ajay Kumar" U/S- 34 of the U.P. Land Revenue Code, 2006 which is pending before the Opposite party no.1 i.e. Tehsildar, Kunda, District- Pratapgarh for last one year, within stipulated time, 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, however, in the instant case, the proceedings for mutation are pending since 2024 and also that the petitioner is a senior citizen lady aged about 65 years, 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/Tehsildar, Kunda, District-Pratapgarh to consider and decide the Case No. 78/2024, Computerized Case No. T-202402570100078 (Mastahin Vs. Ajay Kumar) 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