MUDITA SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. REVENUE U.P. LKO. AND 2 OTHERS
A227/2360/2025 · 2025-04-25
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130258 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130258 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:23828 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2360 of 2025 Petitioner :- Mudita Singh And Another Respondent :- State Of U.P. Thru. Prin. Secy. Revenue U.P. Lko. And 2 Others Counsel for Petitioner :- Shambhoo Sharan Lal Srivastava,Ashish Srivastava Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J.
Learned counsel for the petitioners prays for and is permitted to make impleadment in the array of parties, during course of the day. Heard Shri Ashish Srivastava, learned counsel for the petitioners, 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:-
"(a) issue an order or direction in the nature of mandamus commanding and directing the opposite parties, more particularly, the opposite party no.2 i.e. Naib Tehsildar, Bhiyanv, Tehsil Jalalpur, District Ambedkarnagar, to consider and decide the Case No. 4734 of 2022 (Computerized Case No. T2022040402044734) (Mudita & Anr. vs. Surendra Dutt Singh alias Surendra Singh) within a timeframe as 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.2/Naib Tehsildar, Bhiyanv, Tehsil-Jalalpur, District Ambedkar Nagar to consider and decide the Case No. 4734 of 2022 (Computerized Case No. T2022040402044734) (Mudita & Anr. vs. Surendra Dutt Singh alias Surendra Singh), 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 :- 25.4.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench