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2025 DAILYLAW 140810 (ALL)

DINESH KUMAR v. STATE OF U.P. THRU. SECY. OF REVENUE DEPTT., LKO. AND 3 OTHERS

A227/3028/2025 · 2025-05-21

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:30179 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3028 of 2025 Petitioner :- Dinesh Kumar Respondent :- State Of U.P. Thru. Secy. Of Revenue Deptt., Lko. And 3 Others Counsel for Petitioner :- Uttam Kumar Pathak Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, 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:- "Wherefore, it is most respectfully and humbly prayed that this Hon'ble Court may graciously be pleased to issue a direction to the opposite party No.2 to decide the substitution application dated 12.09.2024 and recall application dated 17.05.2022 filed by petitioner in mutation case no.295/2022-computerized case number T202202570400295 Deepak Singh Vs Parasnath, pending before court of Tehsildaar, interest of justice." 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/Tehsildar, Tehsil-Patti, District Pratapgarh to consider and decide the substitution application dated 12.09.2024 and recall application dated 17.05.2022 filed by petitioner in mutation Case No.295/2022 (computerized case number T202202570400295) (Deepak Singh Vs Parasnath) 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. 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 :- 21.5.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench