DHARMRAJ PANDEY AND ANOTHER v. NAIB TEHSILDAR RAMPUR, TAHSIL LALGANJ, DISTT. PRATAPGARH AND 3 OTHERS
A227/2709/2025 · 2025-05-08
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138666 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138666 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:26984 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2709 of 2025 Petitioner :- Dharmraj Pandey And Another Respondent :- Naib Tehsildar Rampur, Tahsil Lalganj, Distt. Pratapgarh And 3 Others Counsel for Petitioner :- Ram Raj Ojha,Satyanshu Ojha 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- respondents is hereby dispensed with. The instant petition has been preferred seeking following main relief:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the opposite party No.1 i.e. Naib Tehsildar Rampur, Tehsil Lalganj, District Pratapgarh to expeditiously decide the Case No.RST/01636/2018 (Computerized Case No.T201802570201636) (Dharmraj Pandey Versus Raghunandan Tiwari) Under Section 34 of the U.P. Revenue Code, 2006, pending before opposite party No.1, in accordance with law, within time stipulated 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 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, Rampur, Tahsil-Lalganj, District- Pratapgarh to consider and decide the Case No.RST/01636/2018 (Computerized Case No.T201802570201636) (Dharmraj Pandey Versus Raghunandan Tiwari) 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 :- 8.5.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench