RAJESH KUMAR v. NAYAB TEHSILDAR MANIKPUR TEHSIL KUNDA DISTRICT PRATAPGARH AND ANOTHER
A227/3577/2025 · 2025-05-30
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141871 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141871 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:34020 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3577 of 2025 Petitioner :- Rajesh Kumar Respondent :- Nayab Tehsildar Manikpur Tehsil Kunda District Pratapgarh And Another Counsel for Petitioner :- Arshad Ahsan Siddiqui 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 an order or direction and command the opposite party No.. 1 to proceed with Case No. 01441 of 2021, Computerised Case No. T-202102570101441, Rajesh Kumar Vs Ram Nath, Tehsil Kunda, District-Pratapgarh, under section 34 U.P. Revenue Code, 2006, which is instituted on 04.09.2020 and is pending in the court of opposite party no. 1, expeditiously within the stipulated time as this Hon'ble Court may deem fit." 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 2020, 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 Manikpur, Tehsil Kunda, District Pratapgarh to consider and decide the Case No. 01441 of 2021, Computerized Case No. T-202102570101441 (Rajesh Kumar Vs Ram Nath, Tehsil Kunda, District-Pratapgarh) 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 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench