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2025 DAILYLAW 132695 (ALL)

MUKHTAR AHMAD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE, LKO. AND OTHERS

A227/1935/2025 · 2025-04-08

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19558 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1935 of 2025 Petitioner :- Mukhtar Ahmad Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. And Others Counsel for Petitioner :- Baljeet Singh 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):- "I. Direct the opposite party No. 2 to decide the mutation application/report which is pending since 18.06.2024 the same was registered as Misc. Case No. 3284 of 2024 Computerized Case No. T202404040303284 "Mukhtar Ahmad Vs. Smt. Mahmood Khan & others" under Section 34 of Uttar Pradesh Revenue Code, 2006 on 18.06.2024, which is contained in Annexure No. 5 to this petition, within stipulated time as 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 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 June, 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.2/Tehsildar, Tehsil- Tanda, District- Ambedkar Nagar to consider and decide the Case No. 3284 of 2024, Computerized Case No. T202404040303284 (Mukhtar Ahmad Vs. Smt. Mahmood Khan & others) 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