SANJAY KUMAR SHUKLA v. TEHSILDAR, TEHSIL NAWABGANJ, BARABANKI AND OTHERS
A227/2069/2025 · 2025-04-11
Saurabh Lavania
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 133666 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133666 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2069 of 2025 Petitioner :- Sanjay Kumar Shukla Respondent :- Tehsildar, Tehsil Nawabganj, Barabanki And Others Counsel for Petitioner :- Vimal Kishor Singh,Ashutosh Pandey,Premkant 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) Direct the Opposite Party No.1 to decide the mutation Case No. 01458/2020, Computerized Case No. T202004120401458, 'Sanjay Kumar Shukla Versus Pramod', under section 34/35 of U.P. Revenue Code, 2006, in respect of land Gata No. 125, Area 2.202 Hect. Situated at Village- Basantpur, Pargana- Bhitauli, Tehsil- Ram Nagar, District- Barabanki, expeditiously within the time stipulated 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 2020, 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.1 to consider and decide the Case No. T202004120401458 (Sanjay Kumar Shukla Versus Pramod) 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