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2025 DAILYLAW 132716 (ALL)

DHARMENDAR v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND 3 OTHERS

A227/2011/2025 · 2025-04-10

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20165 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2011 of 2025 Petitioner :- Dharmendar Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And 3 Others Counsel for Petitioner :- Kamlesh Kumar,Simran Kaur Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard Ms. Simran Kaur, learned Counsel for the petitioner and learned State Counsel and perused the records. 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):- "A. Issue order or direction to directing the Opposite Party no. 2 i.e., Nayab Tehsildar, Tehsil- Aalapur, Circle- RamNagar, District-Ambedkar Nagar to decide the Case No. 2840/2024, Computerized Case No. T202404040402840, Dharmendar versus Sona Devi, filed U/s-34 U.P. Revenue Code 2006, pending in the Court of Nayab Tehsildar, Tehsil-Aalapur, Circle- RamNagar, 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 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 July 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 to consider and decide the Case No. No. 2840/2024, Computerized Case No. T202404040402840 (Dharmendar versus Sona Devi) 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 :- 10.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench