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2025 DAILYLAW 140759 (ALL)

LALI v. TEHSILDAR, TEHSIL ALAPUR, AMBEDKAR NAGAR AND OTHERS

A227/3041/2025 · 2025-05-21

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:30137 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3041 of 2025 Petitioner :- Lali Respondent :- Tehsildar, Tehsil Alapur, Ambedkar Nagar And Others Counsel for Petitioner :- Om Prakash Yadav,Ankur Gupta Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. On being pointed out, learned counsel for the petitioner prays that he may be permitted to delete the particulars of respondent no.2 and to implead the Gaon Sabha concerned in the memo of petition. To the aforesaid prayer, no serious objection has been raised by the learned counsel for the State. Considering the prayer sought as also that the same has not been opposed, this Court is of the view that the prayer is liable to be acceded and is, accordingly, acceded. Learned counsel for the petitioner is permitted to to delete the particulars of respondent no.2 and to implead the Gaon Sabha concerned in the memo of petition during the course of the day. Heard. In view of order proposed to be passed, issuance of notice to the private- respondent(s) is hereby dispensed with. By means of this petition, the petitioner seeks expeditious disposal of Case No. T202404040402746 (Lali Devi Vs. Dhanai), under Section 34 of U.P. Revenue Code, 2006 (in short "Code of 2006") pending before the respondent No. 1. 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 11.07.2024, 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/Tehsildar, Tehsil Alapur, Ambedkar Nagar to consider and decide the Case, detailed above, 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. 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. Order Date :- 21.5.2025/Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench