ANAND KUMAR SINGH v. NAYAB TAHSILDAR TAHSIL SALON DISTT. BARELI AND ANOTHER
A227/3561/2025 · 2025-05-30
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143139 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143139 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:33728 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3561 of 2025 Petitioner :- Anand Kumar Singh Respondent :- Nayab Tahsildar Tahsil Salon Distt. Bareli And Another Counsel for Petitioner :- Pravin Kumar Singh 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:-
"a. Issue appropriate order or direction to the Opposite Party No.1 i.e. Nayab Tahsildar, Tahsil Salon, District- Rae Bareli, to decide expeditiously the entire proceeding bearing Case No. Case No. 3742/2021 (Computerized Case No. T202110580603742), "Anand Kumar Singh versus Vishwanath Kumari", after deciding the substitution application dated 21.06.2024 pending in the proceeding of the Case No. 3742/2021, Under Section 35/209(g) of U.P. Revenue Code- 2006, before the Nayab Tahsildar, Tahsil- Salon, District-Raibareli, which is pending before him, expeditiously within a stipulated period as fixed by this Hon'ble Court. (contained as Annexure No.1)." Considering the facts and circumstances of the case and also that the proceedings in issue are summary in nature and being so, the same ought to have been decided expeditiously, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is
disposed of with a direction to the respondent No.1-Nayab Tehsildar, Tehsil-Salon, District-Raebareli to consider and decide the substitution application dated 21.06.2024 filed in Case
No.
3742/2021,
Computerized
Case No.T202110580603742 (Anand Kumar Singh versus Vishwanath Kumari), 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 two months from the next date fixed in the case, if there is no other legal impediment in this regard.
The authority concerned is also directed to conclude the proceedings of the pending case, indicated in prayer clause of this petition quoted 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, if there is no other legal impediment in this regard. It is after taking note of Rule 34(7) of U.P. Revenue Code Rules, 2016 made under the U.P. Revenue Code, 2006, as per which, 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. 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 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench