DWARIKA PRASAD v. TAHSILDAR, TAHSIL PATTI, PRATAPGARH AND OTHERS
A227/1966/2025 · 2025-04-09
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132620 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132620 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20005 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1966 of 2025 Petitioner :- Dwarika Prasad Respondent :- Tahsildar, Tahsil Patti, Pratapgarh And Others Counsel for Petitioner :- Sunil Kumar Singh,Vishwa Mohan Tiwari Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, learned Standing Counsel for the State 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) Directing the opposite party no. 1 to expeditiously decide the Case No.1933/2022, Computerized case no. T202202570401933, (Amit Yadav versus Pudai) filed under section 34 of Uttar Pradesh Revenue Code, 2006 within the stipulated time which is pending before the opposite party no. 1 since 30.03.2022, 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 these circumstances, indulgence of this Court is required in the matter. It is also in view of the averment made in para 12 of the writ petition, according to which all the cases indicated in the petition have been clubbed. The prayer is to expedite the proceedings of the pending case. In view of above, the present petition is disposed of with a direction to the respondent No.1/Tehsildar, Tehsil-Patti, Pratapgarh to consider and decide the Case No.1933/2022, Computerized Case No.T202202570401933 (Amit Yadav versus Pudai), expeditiously after affording full opportunity of hearing to the party to the litigation and without granting unnecessary adjournment to either party preferably, say 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 :- 9.4.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench