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2025 DAILYLAW 130047 (ALL)

RAJESH KUMAR SHUKLA v. NAIB TEHSILDAR, RAMPUR, TEHSIL LALGANJ, PRATAPGARH AND OTHERS

A227/1631/2025 · 2025-03-25

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16837 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1631 of 2025 Petitioner :- Rajesh Kumar Shukla Respondent :- Naib Tehsildar, Rampur, Tehsil Lalganj, Pratapgarh And Others Counsel for Petitioner :- Ashok Kumar Maurya,Priyanshi Maurya,Rekha Singh Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard Ms Rekha Singh, 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:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the opposite party No.1 i.e. Naib Tehsildar Rampur, Tehsil Lalganj, District Pratapgarh to expeditiously decide the Case No.3281/2023 (Computerized Case No.T202302570203281) (Rajesh Kumar Shukla Versus Rajesh Kumar) under Section 34 of the U.P. Revenue Code, 2006 for mutation, pending in the court of opposite party No.1 since 01.6.2023, in accordance with law, within time 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 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/Naib Tehsildar, Tehsil-Lalganj, District Pratapgarh to consider and decide the Case No.3281/2023 (Computerized Case No.T202302570203281) (Rajesh Kumar Shukla Versus Rajesh Kumar) 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 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 :- 25.3.2025/ML Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench