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2025 DAILYLAW 141126 (ALL)

SMT. MITHILESH v. NAYAB TEHSILDAR, SIKENDERPUR, TEHSIL AKBARPUR, AMBEDKAR NAGAR AND ANOTHER

A227/3051/2025 · 2025-05-21

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:30130 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3051 of 2025 Petitioner :- Smt. Mithilesh Respondent :- Nayab Tehsildar, Sikenderpur, Tehsil Akbarpur, Ambedkar Nagar And Another Counsel for Petitioner :- Manoj Kumar Nishad,Ashutosh Mishra Counsel for Respondent :- C.S.C. 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 is hereby dispensed with. The instant petition has been preferred seeking following main relief:- "i.suitable direction commanding the opposite party no. 1/ Nayab Tehsildar- Sikenderpur, Tehsil Akbarpur District- Ambedkar Nagar to decide the restoration application dated 02.04.2024, filed in Case No. Case No. 5155/2023 (Computer Case No. T202304040105155), U/s-34 of U.P. Land Revenue Act Smt. Mithilesh Versus Mahabeer, seeking recall of the order dated 16.10.2023, which is pending since 02.04.2024, contained as Annexure No. 1, to this petition." 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/Nayab Tehsildar, Sikenderpur, Tehsil-Akbarpur, District- Ambedkar Nagar to decide the restoration application dated 02.04.2024, filed in Case No. 5155/2023 (Computer Case No. T202304040105155), (Smt. Mithilesh Versus Mahabeer) 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 :- 21.5.2025/ML Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench