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2025 DAILYLAW 137985 (ALL)

RANJEET v. TEHSILDAR, DALMAOU, RAEBARELI AND OTHERS

A227/2578/2025 · 2025-05-05

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25706 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2578 of 2025 Petitioner :- Ranjeet Respondent :- Tehsildar, Dalmaou, Raebareli And Others Counsel for Petitioner :- Alok Kumar Srivastava,Jitendra Vikram Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. 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):- "A- A direction or directions, order and orders directing to the learned Subordinate Court / Respondent no. 1, to decide the pending application no. T202210580501905; Ranjeet Vs Kandhi for Mutation U/S 34/35 of the U.P. Revenue Code 2006 (Annexure No. 1) filed by the petitioner/applicant, expeditiously or within a stipulated time which this Hon'ble High Court may deems fit and proper in the interest of justice and equity." 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 September 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 to consider and decide the Case No. T202210580501905 (Ranjeet Vs Kandhi) 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 :- 5.5.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench