GHANSHYAM YADAV @ YADAV GHANSHYAM BHAI AND ANOTHER v. TEHSILDAR TEHSIL KADIPUR DISTT. SULTANPUR AND ANOTHER
A227/3529/2025 · 2025-05-30
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141620 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141620 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:33489 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3529 of 2025 Petitioner :- Ghanshyam Yadav @ Yadav Ghanshyam Bhai And Another Respondent :- Tehsildar Tehsil Kadipur Distt. Sultanpur And Another Counsel for Petitioner :- Saubhagya Mishra,Abhishek Mishra,Aishwarya Pandey Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J Heard Ms. Aishwarya Pandey, learned Counsel for the petitioners, Sri Anurag Kumar Verma, learned State Counsel and perused the records. 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 direct the Learned Tehsildar, Tehsil-Kadipur, District- Sultanpur i.e. O.P. No. 1 to decide the Pending proceeding U/s 34/35 U.P. Revenue Code, 2006, bearing Case No. 3164/2023, Computer Case No. T2023047680403164, namely "Savitru v/s Ramraj, Pending Since 27/06/2023, expeditiously within a reasonable time, on the basis of day by day hearing or week by week hearing after ignoring adjournments of either party to case. In the 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 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 June 2023, 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 to consider and decide the proceedings in issue, 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 :- 30.5.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench