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2025 DAILYLAW 130111 (ALL)

RAJPUT SUNIL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE, LKO. AND OTHERS

A227/1636/2025 · 2025-03-26

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17173 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1636 of 2025 Petitioner :- Rajput Sunil Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. And Others Counsel for Petitioner :- Dharmendra Kumar,Maneesh Kumar Chaube Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner and Sri Yogesh Kumar Awasthi, learned Stage counsel. 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):- "issue a direction to opposite party No.2 i.e. Tehsildar (Judicial) Bikapur Tehsil, Bikapur, District Ayodhya, to decide the case No. T202404230300868 Rajput Sunil Vs. Tara Devi, under Rule 34 Uttar Pradesh Revenue Code 2006 which is pending since 27.01.2024." 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 January, 2024, 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/Tehsildar (Judicial), Tehsil- Bikapur, District Ayodhya to consider and decide the Computerized Case No. T202404230300868 (Rajput Sunil Vs. Tara Devi) 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 :- 26.3.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench