ASHOK KUMAR TIWARI v. NAIB TEHSILDAR, VIHAR, TEHSIL KUNDA, PRATAPGARH AND OTHERS
A227/1926/2025 · 2025-04-08
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132506 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132506 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:19563 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1926 of 2025 Petitioner :- Ashok Kumar Tiwari Respondent :- Naib Tehsildar, Vihar, Tehsil Kunda, Pratapgarh And Others Counsel for Petitioner :- Bipin Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner and Sri Yogesh Kumar Awasthi, learned State counsel. 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):-
"(1) To direct the opposite party no. 1 i.e. learned Naib Tehsildar, Vihar, Tehsil- Kunda, District-Pratapgarh to decide the Mutation Case No. 10976/2024 (Computerized No. T202402570110976) under Section 34 U.P. Revenue Code, 2006, within stipulated period as it may be directed 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 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 2024, 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, Vihar, Tehsil Kunda, Pratapgarh to consider and decide the Mutation Case No. 10976/2024, Computerized No. T202402570110976 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 :- 8.4.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench