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2025 DAILYLAW 132147 (ALL)

RAM SUMIRAN v. NAIB TEHSILDAR, MAWAI, TEHSIL RUDAULI, AYODHYA AND OTHERS

A227/1873/2025 · 2025-04-05

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19141 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1873 of 2025 Petitioner :- Ram Sumiran Respondent :- Naib Tehsildar, Mawai, Tehsil Rudauli, Ayodhya And Others Counsel for Petitioner :- Ajay Kumar Pandey Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard Ms Nutan Mishra, holding brief of Shri Ajay Kumar Pandey, learned counsel for the petitioner, Shri Hemant Kumar Pandey, 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:- "a. Direct the opposite party no. 1 to decide the case No. 00070/2022 computerized case no. T-202204230700070 under section 34 of U.P. Revenue Code 2006 namely Ram Sumiran versus Gram Sabha, relating to Village-Matthanevada, Pargana-Mawai, Tehsil-Rudauli District-Ayodhya, expeditiously within a stipulated period, as fixed by this Hon'ble Court, 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. In view of above, the present petition is disposed of with a direction to the respondent No.1/Naib Tehsildar, Mawai, Tehsil-Rudauli, District Ayodhya to consider and decide the Case No.00070/2022, computerized case no. T- 202204230700070 (Ram Sumiran versus Gram Sabha), 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. 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