SUSHILA DEVI v. TEHSILDAR,TEHSIL KUNDA, PRATAPGARH AND ANOTHER
A227/1630/2025 · 2025-03-25
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130194 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130194 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:16853 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1630 of 2025 Petitioner :- Sushila Devi Respondent :- Tehsildar,Tehsil Kunda, Pratapgarh And Another Counsel for Petitioner :- Shailendra Pratap Singh,Adarsh Mahendra 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. Issue an order or direction, directing the opposite party no.1 to expedite the hearing of Computerized Case No. T201902570106061, Mutation Case No.06061/2019, "Sushila Devi Vs. Jagpati Devi" Under section 34 of U.P. Revenue Code 2006 which is pending since 08-11-2019 before the Court of Tehsildar, Tehsil Kunda, District Pratapgarh i.e. Opposite party no.1, 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.1/Tehsildar, Tehsil-Kunda, Pratapgarh to consider and decide the Computerized Case No.T201902570106061, Mutation Case No.06061/2019, "Sushila Devi Vs. Jagpati Devi" 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