RAJESH v. NAYAB TEHSILDAR MILKYPUR, FAIZABAD/ AYODHYA AND ANOTHER
A227/1685/2025 · 2025-03-27
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130453 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130453 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:17481 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1685 of 2025 Petitioner :- Rajesh Respondent :- Nayab Tehsildar Milkypur, Faizabad/ Ayodhya And Another Counsel for Petitioner :- Ganga Prasad Mishra,Abhinav Mishra Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner and Sri Anurag Kumar Maurya, learned State 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):-
"(i) direct the Opp. Party no. 1 Nayab Tehsildar Milkypur Ayodhya District Ayodhya to decide the mutation proceeding vide Case no. 4370/2024 Computerized case no. T202404230404370 U/S 34 of U.P. Revenue Code 2006 Rajesh Kumar Versus Sahab Baksh Situated Village Raipatti Pargana Khandasa Tehsil Milkypur District Ayodhya/Faizabad Pending in the court of Nayab Tehsildar Milkypur Ayodhya District Ayodhya fixed on 11-03-2025 expeditiously within stipulated time granted by this Hon'ble court to meet the end of justice As contained in Annexure no. 1 to this petition." 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 August, 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.1/Nayab Tehsildar Milkypur, Faizabad/ Ayodhya to consider and decide the Case No. 4370/2024, Computerized Case No. T202404230404370 (Rajesh Kumar Versus Sahab Baksh) 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 :- 27.3.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench