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2025 DAILYLAW 136280 (ALL)

MAHELAKA KHATOON v. TEHSILDAR (JUDICIAL), TEHSIL RUDAULI, AYODHYA AND 2 OTHERS

A227/2432/2025 · 2025-04-29

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24404 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2432 of 2025 Petitioner :- Mahelaka Khatoon Respondent :- Tehsildar (Judicial), Tehsil Rudauli, Ayodhya And 2 Others Counsel for Petitioner :- Rajesh Kumar Dhuriya Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner and learned State counsel. 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):- "Wherefore it is most respectfully prayed that this Hon'ble court may graciously be pleased to direct the opposite party no. 1 Tehsildar [judicial] Tehsil Rudauli District Ayodhya to consider and decide the mutation application dated 24-2- 2024 in case no. 1489 of 2024 computerized case no. T 202404230701489 Mahelaka khatoon vs Kalawati under section 34 of U.P. Revenue code 2006 The. copy of plaint is being annexed here with as annexure no. 1 to this 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 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, 2024, 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/Tehsildar (Judicial), Tehsil Rudauli, Ayodhya to consider and decide the Case No. 1489 of 2024, Computerized Case No. T202404230701489 (Mahelaka khatoon vs Kalawati) 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 :- 29.4.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench