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2025 DAILYLAW 136215 (ALL)

SURAJ KALI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. REVENUE LKO. AND 3 OTHERS

A227/2364/2025 · 2025-04-25

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23674 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2364 of 2025 Petitioner :- Suraj Kali Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Revenue Lko. And 3 Others Counsel for Petitioner :- Lalji Yadav,Vishnu Prakash Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Learned counsel for the petitioner prays for and is permitted to correct the prayer clause during course of the day. Heard Shri Lalji Yadav, learned counsel for the petitioner, Shri Yogesh Kumar Awasthi, 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) is hereby dispensed with. The instant petition has been preferred seeking following main relief:- "(i) issue a direction to the opposite party No. 2 i.e. Naib Tehsildar Rampur, Tehsil Lalganj, District-Pratapgarh to decide the pending case No. 2138 of 2018 (Computerized Case No.T201802570202138) under section 34 of the U.P. Revenue Code 2006 "Suraj Kali Versus Dwarika Prasad" pending since 10-07-2018, expeditiously within stipulated period as early as possible." 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/Naib Tehsildar, Rampur, Tehsil Lalganj, District Pratapgarh to consider and decide the Case No.2138/2018 (Computerized Case No.T201802570202138) (Suraj Kali Vs. Dwarika Prasad) 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 :- 25.4.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench