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2025 DAILYLAW 129433 (ALL)

DALBIR SINGH v. SUB DIVISIONAL OFFICER, TEHSIL COLONELGANJ, GONDA AND OTHERS

A227/1542/2025 · 2025-03-24

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16670 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1542 of 2025 Petitioner :- Dalbir Singh Respondent :- Sub Divisional Officer, Tehsil Colonelganj, Gonda And Others Counsel for Petitioner :- Ashish Kumar Singh,Dileep Singh Counsel for Respondent :- C.S.C.,Shyam Singh Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, Shri Yogesh Kumar Awasthi, learned Standing Counsel for the State and perused the record. 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:- "To direct the to the opposite party No.1 i.e. Sub Divisional Officer, Tehsil Colonelganj, District Gonda to decide the application dated 14.10.2024 bearing case No. 984 of 2025 having computerized No.T202508300500984 "Dalbir Singh and others Vs State and others", filed under section 9 of the United Provinces Tenancy Act, 1939, pending before opposite Party No 1, expeditiously within a stipulated period as this Hon'ble Court may deemed fit. (contained as Annexure No.2)" Considering the fact that the case in issue relates to mutation and as per Rule 34(7) of U.P. Revenue Code Rules, 2016 framed 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/Sub Divisional Magistrate, Tehsil- Colonalganj, District Gonda to consider and decide the Case No.984 of 2025 having computerized No.T202508300500984 "Dalbir Singh and others Vs State and others" most expeditiously after affording full opportunity of hearing to the party to the litigation and without granting unnecessary adjournment to either party preferably within a period of three months, if possible, 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 :- 24.3.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench