SMT. SAVITRI DEVI THRU. LAWFUL ATTORNEY SRI. DURGA PRASAD v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS
A227/1845/2025 · 2025-04-03
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131658 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131658 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:18471 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1845 of 2025 Petitioner :- Smt. Savitri Devi Thru. Lawful Attorney Sri. Durga Prasad Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Dharmendra Gupta Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey 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 to 3 as well as Shri Dilip Kumar Pandey, learned counsel for the Gaon Sabha/opposite Party No.4 and perused the record. The instant petition has been preferred seeking following main relief:-
"(i) To issue an order, directing the opp. parties to mutate the name of petitioner in revenue record in pursuance of application dated 10.11.2020 application по. 20201015600816001777 contained as annexure no.5 to this petition within the time to be fixed by this Hon'ble Court. (ii). To issue an order directing the opp party No.3 to decide the application under section 33 (3) of UP Revenue Code, 2006 before the Tehsildar Sadar, Unnao submitted by the petitioner contained as Annexure No.2 to the petition within the time to be fixed by this Hon'ble Court." 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 respondent No.3/Tehsildar, Tehsil-Sadar, District Unnao to consider and decide the application dated 10.11.2020 application Nо. 20201015600816001777, contained as annexure no.5 to the writ petition, 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 maximum 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