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2025 DAILYLAW 136628 (ALL)

SHIV KUMARI v. TEHSILDAR TEHSIL MILKIPUR, AYODHYA AND 2 OTHERS

A227/2415/2025 · 2025-04-29

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24269 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2415 of 2025 Petitioner :- Shiv Kumari Respondent :- Tehsildar Tehsil Milkipur, Ayodhya And 2 Others Counsel for Petitioner :- Shobh Nath Pandey Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. At the very outset, learned counsel for the petitioner says that there is some error in the memo as well as prayer clause of this petition, as such, he may be permitted to rectify the said error during the course of the day. The prayer aforesaid is acceded, as the same has not been opposed. In view of above, learned counsel for the petitioner is permitted to rectify the aforesaid error during the course of the day. 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):- "(1) Direct the Opposite Party No.1 T202204230402966, under section 34 of UP revenue code, 2006 , 'Shiv Kumari Vs. Shanti Depending before the Opposite Party No.1, expeditiously within time stipulated by this Hon'ble High 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 2022, 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, Tehsil- Milkipur, Ayodhya to consider and decide the Case No. T202204230402966 (Shiv Kumari Vs. Shanti) 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