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2025 DAILYLAW 133602 (ALL)

POONAM DEVI AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS

A227/2067/2025 · 2025-04-11

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20560 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2067 of 2025 Petitioner :- Poonam Devi And Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Seraj Ahmad Khan,Shafaq Fatima Counsel for Respondent :- C.S.C. 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) To direct the opposite party No. 2 i.e. Tehsildar Judicial Tehsil Bikapur, District Ayodhya to decide the mutation Case No. T202104230301048, U/S 34 Uttar Pradesh Revenue Code, 2006, 'Poonam Vs. Bhanu Kumari' relating to Gata No. 657 and 658 measuring area about 0.089 hectare situated village Kanawan, Pargana Paschim Rath, Tehsil Bikapur, District Ayodhya expeditiously preferable within a stipulated period as fixed 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 February 2021, 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. T202104230301048 (Poonam Vs. Bhanu Kumari) 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