RAMA DEVI v. STATE OF U.P. THRU. COLLECTOR, SULTANPUR AND OTHERS
A227/2027/2025 · 2025-04-11
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133090 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133090 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20552 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2027 of 2025 Petitioner :- Rama Devi Respondent :- State Of U.P. Thru. Collector, Sultanpur And Others Counsel for Petitioner :- Satyendra Nath Mishra Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. 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. Issue order or direction to the opposite party no.2 i.e. Nayab Tehsildar Tehsil- Baldirai, District- Sultanpur to expedite the disposal of case No.T 201904680902080 Under Section 34 U.P. Revenue Code 2006 (Pradeep Singh & others versus Shamsher Bahadur Singh & others) in respect of Gatas No. 2535 & 2536 situated in village-Vihi Nidura, pergana-Isauli, Tehsil - Baldirai, District Sultanpur, within short and reasonable period prescribed 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 2019, 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. T 201904680902080 (Pradeep Singh & others versus Shamsher Bahadur Singh & 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 :- 11.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench