NAFEES AHMAD AND 4 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY., DEPTT. OF REVENUE, LKO. AND 4 OTHERS
WRIB/343/2025 · 2025-04-18
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134959 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134959 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21978 Court No. - 7 Case :- WRIT - B No. - 343 of 2025 Petitioner :- Nafees Ahmad And 4 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy., Deptt. Of Revenue, Lko. And 4 Others Counsel for Petitioner :- Ajay Pratap Singh Vatsa Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard Shri Ajay Pratap Singh Vatsa, learned counsel for the petitioners, Shri Hemant Kumar Pandey, learned Standing Counsel for the State/opposite party Nos. 1 to 4 and perused the record. In view of order proposed to be passed, issuance of notice to the private opposite party is hereby dispensed with. The instant petition has been preferred seeking following main relief:-
"(i) a writ, order or direction in the nature of Certiorari quashing the revisional proceedings of s of Revision No. 3756/23 and 1512 of 2024 (Imtiyaz versus Nafees Ahmad and others) (Annexure No.1) pending before Board of Revenue, U.P., Lucknow and further be pleased to quash the impugned judgment and order dated 16-05-2023 passed by Tehsildar, Tehsil Sirauli Gaushpur, Distict Barabanki in Case No.2209/2023 (Computerized Case No. T202204120602209) (Imtiyaz versus Subaraati) (contained as Annexure No. 2 to the writ petition)" 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. On being confronted learned counsel for the petitioners states that a direction may be issued to the concerned authority to decide the application for restoration of the case of the petitioner. In view of above, the present petition is disposed of with a direction to the concerned authority to conclude the proceedings related to mutation case, which includes dispossal of the application for restoration of the case of the petitioner, 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 six 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 :- 18.4.2025/ML Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench