Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 129448 (ALL)

MANSHARAM v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS

A227/1543/2025 · 2025-03-24

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:16673 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1543 of 2025 Petitioner :- Mansharam Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Rajesh Kumar,Shivam Pandey Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, 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:- "I. To issue an order or direction to the opposite party no. 2 i.e. i.e. Nayab Tehsildar Baskhari, Tehsil - Tanda, District- Ambedkar Nagar to decide the Mutation Computerized Case No. T20220404303223, Mansharam versus Manbodh, filed U/S 34 U.P. Revenue code 2006, with respect to the land in question i.e. Gata No. 941 Ka/ 0.013 hectare, 955Ga/0.031 hectare, 840/ 0.004 hectare, 786/0.159 hectrae, 945/0.053 hectare, 1054/0.138 hectare, 671/ 0.063 hectare (situated in Village-Haraiya Baskhari, Post Baskhari, District - Ambedkar Nagar), within stipulated time framed 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 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.2/Nayab Tehsildar Baskhari, Tehsil - Tanda, District- Ambedkar Nagar to consider and decide the Mutation Computerized Case No. T20220404303223, Mansharam versus Manbodh 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