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2025 DAILYLAW 132121 (ALL)

MANJOOLATA v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS

A227/1883/2025 · 2025-04-05

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19117 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1883 of 2025 Petitioner :- Manjoolata Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Kamlesh Kumar,Aman Kumar Chaudhary Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, Shri Yogesh Kumar Awasthi, learned Standing Counsel for the State as well as Shri Mohan Singh, learned counsel for the Gaon Sabha 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:- "(i) Issue order or direction to directing the Opposite Party no. 2 i.e., Tehsildar, Tehsil-Alapur, District-Ambedkar Nagar to decide the Restoration Application in Case No. 01467/2023, Computerized Case No. T202304040401467, Haribhajan Versus Gaon Sabha, filed U/s-34 U.P. Revenue Code 2006, pending in the Court of Tehsildar, Tehsil-Aalapur, District-Ambedkar Nagar, at the earliest with the time 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.2/Tehsildar, Tehsil-Alapur, Ambedkar Nagar to consider and decide the Case No.01467/2023, Computerized Case No.T202304040401467, (Haribhajan Versus Gaon Sabha), including the application for restoration 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 :- 5.4.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench