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2025 DAILYLAW 131849 (ALL)

TABREJ AHMAD v. NAIB TAHSILDAR, TAHSIL KUNDA, PRATAPGARH MANDAL PRAYAGRAJ AND OTHERS

A227/1860/2025 · 2025-04-04

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18705 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1860 of 2025 Petitioner :- Tabrej Ahmad Respondent :- Naib Tahsildar, Tahsil Kunda, Pratapgarh Mandal Prayagraj And Others Counsel for Petitioner :- P.K. Singh Bisen 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):- "Issue an order or direction to Opposite Party No. 01 to decide the recall application dated 28.08.2019 filed in Case No. 03061/2019, Computerized Case No. T201902570103061 (Wasim Ahmad Vs Salim Ahmad), for recalling the order dated 18.05.2019 passed by O.P. NO. 01, and also decide Case No. 03061/2019, Computerized Case No. T201902570103061 (Wasim Ahmad Vs Salim Ahmad) pending before him since 28.08.2019 within some stipulated time." 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 2019, 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 to consider and decide the proceedings in issue, 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, 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 :- 4.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench