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2025 DAILYLAW 140049 (ALL)

DAYANAND v. STATE OF U.P. THRU. SECY. REVENUE DEPTT. LKO. AND 3 OTHERS

A227/2878/2025 · 2025-05-15

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28551 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2878 of 2025 Petitioner :- Dayanand Respondent :- State Of U.P. Thru. Secy. Revenue Deptt. Lko. And 3 Others Counsel for Petitioner :- Ravindra Kumar Yadava,Deepali Yadav,Ram Suphal Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner 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):- "i) Issue a direction to the opposite party no.2 to decide the case no- T- 202404040405041, Dayanand Versus Ram Asare, filed U/S-34 U.P. Revenue Code-2006, pending in the court of Naib Tehsildar, Circle-Jahangirganj, Tehsil Aalapur, District Ambedkar Nagar in accordance with law at the earliest with the time 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 September, 2024 and on account of pendency of the same, the petitioner, who is aged about 57 years, as stated, is suffering great hardship and mental agony, 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/Naib Tehsildar, Circle- Jahangirganj, Tehsil- Aalapur, District- Ambedkar Nagar to consider and decide the Case No. T-202404040405041 (Dayanand Versus Ram Asare) 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 :- 15.5.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench