CHANDRIKA PRASAD SINGH v. NAIB TEHSILDAR DIYARA JAISINGHPUR, TEHSIL JAISINGHPUR, SULTANPUR AND OTHERS
A227/1847/2025 · 2025-04-05
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131352 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131352 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:19146 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1847 of 2025 Petitioner :- Chandrika Prasad Singh Respondent :- Naib Tehsildar Diyara Jaisinghpur, Tehsil Jaisinghpur, Sultanpur And Others Counsel for Petitioner :- Ashutosh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, Shri Yogesh Kumar Awasthi, learned Standing Counsel for the State and perused the record. Supplementary affidavit filed today is taken on record. In view of order proposed to be passed, issuance of notice to the private- respondent(s), if any, is hereby dispensed with. The instant petition has been preferred seeking following main relief:-
"Issue a suitable order or direction, thereby direct to the opposite party No. 1 i.e. Tehsil- Jaisinghpur, District-sultanpur to decide the Case No. 487 of 1998/1999 (Computerized Case No.T202304680704396) under section 34 of U.P. Revenue Code Shurya Narayan Vs Rambachan which is pending since 17.07.2023 within stipulated period, in the interest of justice." Considering the fact that the case in issue relates to mutation and as per Rule 34 (7) of U.P. Revenue Code Rules, 2016 framed 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, this Court is of the view that no gainful purpose will be served in keeping the present petition pending as the case is pending since 1998. In view of above, the present petition is disposed of with a direction to the respondent No.1/Naib Tehsildar, Diyara, Jaisinghpur, Tehsil-Jaisinghpur to consider and decide the Case No.487 of 1998/1999 (Computerized Case No.T202304680704396) including the application for recall most expeditiously, after affording full opportunity of hearing to the parties to the litigation, without granting any unnecessary adjournment, to either party, say within a period of three months. 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 :- 5.4.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench