GANESH SHANKAR AVASTHI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS
A227/2459/2025 · 2025-04-29
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137229 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137229 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:24436 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2459 of 2025 Petitioner :- Ganesh Shankar Avasthi And Another Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Piyush Pathak,Vipul Tripathi Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioners 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):-
"Issue an order or direction commanding the learned Nayab Tehsildar, Uttari Tiloi, District Amethi to decide the case No. RST/10335/2023 COMPUTERIZED CASE NO. T202304710810335 (Ganesh Shankar Awasthi Vs Smt. Munniya Devi) filed U/s 34 of U.P. Revenue Code 2006 expeditiously which is pending since 2023, within stipulated time period as fixed 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 2023, 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/Nayab Tehsildar, Uttari Tiloi, District Amethi to consider and decide the Case No. RST/10335/2023, Computerized Case No. T202304710810335 (Ganesh Shankar Awasthi Vs Smt. Munniya Devi) 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