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2025 DAILYLAW 130732 (ALL)

SOMAI v. TEHSILDAR (JUDICIAL), TEHSIL-TARABGANJ, GONDA AND 2 OTHERS

A227/1728/2025 · 2025-04-01

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17874 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1728 of 2025 Petitioner :- Somai Respondent :- Tehsildar (Judicial), Tehsil-Tarabganj, Gonda And 2 Others Counsel for Petitioner :- Ganga Prasad Mishra,Abhinav Mishra 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:- "(i) direct the opp. Party no. 1 Tehsildar Judicial Tehsil Tarabganj District Gonda to decide the Mutation proceeding of Case no. 9765/2021 Computerized case no. T202108300609765 Somai Versus Aurilal Under Section 34 U.P. Revenue Code 2006 Situated Village- Thanepur Pargana Mahadeva Tehsil Tarabganj District- Gonda. Fixed on 26-03-2025 pending in his Court expedioulsy within stipulated time granted by this Hon'ble court to meet the end of justice As contained in Annexure no. 1 & 2 to this petition." 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 2021, 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 authority concerned to consider and decide the pending proceedings of Mutation case in Case No. 9765/2021 Computerized case no. T202108300609765 (Somai Versus Aurilal ), most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, 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