ASHOK KUMAR DUBEY v. NAYAB TEHSILDAR DIYRA, TEHSIL JAISINGHPUR, SULTANPUR AND ANOTHER
A227/1738/2025 · 2025-04-01
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130343 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130343 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:17903 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1738 of 2025 Petitioner :- Ashok Kumar Dubey Respondent :- Nayab Tehsildar Diyra, Tehsil Jaisinghpur, Sultanpur And Another Counsel for Petitioner :- Diwakar Pratap Pandey Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. The present petition has been filed for the following main relief:-
"(1) Issue a direction to the opposite party No. 1 to expedite the proceeding/final disposal of Case No. T 202404680701194 Ashok Kumar and Kishna Kumar Versus Raghupati filed by the petitioner in respect of land in question recoded in name of late Raghupati under section 34 Uttar Pradesh Revenue Code-2006 pending before opposite party No.1 since 7.3.2024, within short and reasonable period prescribed by this Hon'ble court in the interest of justice. True copy of Memo/Performa of case under section 34 is being enclosed as Annexure No.1 to this petition." Considering the facts of the case including that brother of the petitioner namely Krishna Kumar Dubey/brother of the petitioner was also the beneficiary of the registered Will dated 28.09.2004, the basis of the mutation proceedings initiated by the petitioner and as per the case of the petitioner he expired in the year 2009 and prior to 17.02.2024, the date of death of the testator namely Raghupati, the wife of the deceased brother of the petitioner solemnized marriage with some person as also in view of the settled principles of law that mutation proceedings being summary in nature, should preferably be decided expeditiously and the case in issue is pending since 2024, this Court is of the view that no gainful purpose will be served in keeping the aforesaid petition pending. Accordingly the present petition is disposed of with direction to respondent No.-1 to consider and decide the pending proceedings of Mutation case in Case No. T 202404680701194 (Ashok Kumar and Kishna Kumar Versus Raghupati), most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, and taking note of the all the facts including the facts aforesaid also the contents of registered 'Will' dated 28.09.2004 preferably within a period of three months from the next date fixed before it, if possible and if there is no other legal impediment in this regard.
It is made clear that the Court has not examined the case of either of the parties 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 :- 1.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench