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2025 DAILYLAW 139421 (ALL)

VINOD KUMAR @ VINOD KUMAR JAWARLAL GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT., U.P. LKO. AND 2 OTHERS

A227/2802/2025 · 2025-05-12

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27725 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2802 of 2025 Petitioner :- Vinod Kumar @ Vinod Kumar Jawarlal Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt., U.P. Lko. And 2 Others Counsel for Petitioner :- Uma Kant Gupta Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. At the very outset, learned counsel for the petitioner prays for and is permitted to make impleadment in the array of parties during course of the day. Heard learned counsel for the petitioner, 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) is hereby dispensed with. The instant petition has been preferred seeking following main relief:- "(i) ISSUE an order or direction to Tahsildar, Tahsil Lalganj, District Pratapgarh to decide the Case no. 7810/2023 U/s 34 U.P. Land Revenue Act filed by the petitioner on 25.11.2023 (Vinod Kumar Gupta....Vs....Santosh Kumar and others) pending before him within early period prescribed 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.2/Tahsildar, Tahsil - Lalganj, District Pratapgarh to consider and decide the Case No.7810/2023 (Vinod Kumar Gupta....Vs....Santosh Kumar and others) 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 :- 12.5.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench