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2025 DAILYLAW 133545 (ALL)

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

A227/2075/2025 · 2025-04-15

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20982 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2075 of 2025 Petitioner :- Vandana Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. And Others Counsel for Petitioner :- Dharmendra Kumar,Maneesh Kumar Chaube Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, Shri Hemant Kumar Pandey, 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). issue a direction to opposite party No.2 i.e. Tehsildar (Judicial) Bikapur Tehsil, Bikapur Tehsil, District Ayodhya, to decide the case No.T202404230300883 Vandana Vs. Dukhna, under Rule 34 Uttar Pradesh Revenue Code 2006 which is pending since 07.03.2024." 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 respondent No.2 to consider and decide the Case No.T202404230300883 (Vandana Vs. Dukhna), 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 :- 15.4.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench