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2025 DAILYLAW 138268 (ALL)

MUKESH KUMAR VERMA AND ANOTHER v. COURT OF NAYAB TEHSILDAR, TEHSIL BIKAPUR, DISTRICT AYODHYA AND OTHERS

A227/2604/2025 · 2025-05-06

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26159 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2604 of 2025 Petitioner :- Mukesh Kumar Verma And Another Respondent :- Court Of Nayab Tehsildar, Tehsil Bikapur, District Ayodhya And Others Counsel for Petitioner :- Shivendra Singh Suryavans,Devi Prasad Maurya Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioners, 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), if any, is hereby dispensed with. The instant petition has been preferred seeking following main relief:- "(i) Issue a order or direction thereby commanding opposite party no. 1 to hear and decide Mutation case no. T202304230304850, Mukesh Kumar Verma and Another versus Jhagroo in proceedings under section 34 of U.P. Revenue Code, 2006 filed on 23.12.2023, in accordance to law on merits expeditiously." 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.1/Naib Tahsildar, Tahsil-Bikapur, District Ayodhya to consider and decide the Case Mutation case no. T202304230304850 (Mukesh Kumar Verma and Another versus Jhagroo) 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 :- 6.5.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench