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2025 DAILYLAW 131334 (ALL)

SURAJ KUMAR TIWARI AND ANOTHER v. NAYAB TEHSILDAR, TEHSIL JALALPUR, AMBEDKAR NAGAR AND ANOTHER

A227/1790/2025 · 2025-04-02

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18166 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1790 of 2025 Petitioner :- Suraj Kumar Tiwari And Another Respondent :- Nayab Tehsildar, Tehsil Jalalpur, Ambedkar Nagar And Another Counsel for Petitioner :- Pramod Kumar Singh,Manish Mehrotra Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. 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) Issue order or direction thereby directing to Nayab Tehsildar, Tehsil-Jalalpur, Pargana-Akbarpur, District-Ambedkar Nagar i.e. opposite party no.1 to decide the mutation Case No.2614/2021, Computer Case No.T2021040402614 pending since 05.08.2021, U/S-34 U.P. Land Revenue Code 2006, Suraj Kumar and another Vs. Jagat Narain, Village/Mauja Rahimpur, Pargana-Akbarpur, Tehsil- Jalalpur, District-Ambedkar Nagar contained as Annexure No.1 to this petition within stipulated period." 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 2021, 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, Tehsil Jalalpur, Ambedkar Nagar to consider and decide the Case No. 2614/2021, Computerized Case No. T2021040402614 (Suraj Kumar and another Vs. Jagat Narain) 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