SURSATI v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS
A227/1772/2025 · 2025-04-02
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130953 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130953 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:18148 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1772 of 2025 Petitioner :- Sursati Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Ashutosh Dhar Dubey 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 instant petition has been preferred seeking following main relief(s):-
"1) Suitable direction commanding the opposite party no.2/Nayab Tehsildar, Tehsil Milkipur, District- Ayodhya, to decide the case no. 2885 of 2017, Computrized case no. T 2017042345042885 U/S 34 U.P. Revenue Code titled as Sursati Vs. Ram Adhar pending before him, within specific time frame as court may deem fit just and proper." 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 2017, 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, Tehsil-Milkipur, District-Ayodhya/Faizabad to consider and decide the Case No. 2885 of 2017, Computrized case no. T2017042345042885, 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. 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 :- 2.4.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench