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2025 DAILYLAW 131082 (ALL)

NIZAMUDDIN KHAN v. THE COURT OF TEHSILDAR, TEHSIL-MUSAFIRKHANA, AMETHI AND 2 OTHERS

A227/1758/2025 · 2025-04-01

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17894 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1758 of 2025 Petitioner :- Nizamuddin Khan Respondent :- The Court Of Tehsildar, Tehsil-Musafirkhana, Amethi And 2 Others Counsel for Petitioner :- Shyam Bahadur 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:- "Therefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the opposite party no-1 i.e. The Court of Tehsildar, Tehsil- Musafirkhana, District- Amethi to decide expeditiously, the Application dated 17/03/2025 filed by the petitioner, against the Maintainability of Application dated-11/03/2025 filed by the opposite party no- 3, in Mutation Case No-1596 of 2025 (Computerized Case No- T202504710201596), Under Section- 34/35 of Uttar Pradesh Revenue Code- 2006, Nizamuddin Khan versus Mohammad Saeed, contained as Annexure No- 1 with this petition, in the interest of justice." 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 February 2025, 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. 1596 of 2025, Computerized Case No- T202504710201596 (Nizamuddin Khan versus Mohammad Saeed) including the application of the petitioner dated 17.03.2025, 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