RAM PRAKASH v. THE STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT., LKO. AND OTHERS
A227/1828/2025 · 2025-04-03
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131571 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131571 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:18476 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1828 of 2025 Petitioner :- Ram Prakash Respondent :- The State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others Counsel for Petitioner :- Sunendra Kumar 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/opposite party Nos. 1 and 2 and perused the 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 order, or direction the opposite party No-2 to consider and decide the mutation case No-T202310580302753 in re, Jai Pakash Versus Ram Prakash expeditiously as possible with in stipulated time Annexure No.P-7 Page No." 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. In view of above, the present petition is disposed of with a direction to the opposite party No. 2/Naib Tehsildar, South, Tehsil and District Raebareli to consider and decide the Mutation Case No.T202310580302753 (Jai Pakash Versus Ram Prakash) most expeditiously after affording full opportunity of hearing to the party 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, if there is no other legal impediment in this regard. 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 :- 3.4.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench