Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 133254 (ALL)

SMT. CHANDRAWATI AND OTHERS v. TEHSHILDAR, TEHSHIL AALAPUR, AMBEDKAR NAGAR AND 2 OTHERS

A227/2039/2025 · 2025-04-11

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:20661 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2039 of 2025 Petitioner :- Smt. Chandrawati And Others Respondent :- Tehshildar, Tehshil Aalapur, Ambedkar Nagar And 2 Others Counsel for Petitioner :- Arvind .Ku.Mishra,Vagendra Bhaskar,Vikas Pandey Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard Shri Vagendra Bhaskar, learned counsel for the petitioners, Shri Hemant Kumar Pandey, learned Standing Counsel for the State/opposite party No.1 and perused the record. In view of order proposed to be passed, issuance of notice to the private opposite party(s), if any, is hereby dispensed with. The instant petition has been preferred seeking following main relief:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased:- (i) To direct to the opposite party no.1 to pass the appropriate order upon the mutation case/application No.2825 of 2023 (Computerized Case No.T202304040402825) (Smt.Chandrawati & others versus Rajdei) as Annexure No. 2 to this petition within stipulated period." 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 view of above, the present petition is disposed of with a direction to the opposite party No.1/Tehsildar, Tehsil - Aalapur, District - Ambedkar Nagar to consider and decide the mutation case/application No.2825 of 2023 (Computerized Case No.T202304040402825) (Smt.Chandrawati & others versus Rajdei) including the application for restoration, most expeditiously after affording full opportunity of hearing to the party 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 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench