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2025 DAILYLAW 144090 (ALL)

PRIYANKA v. NAIB TEHSILDAR JAHANGIRGANJ DISTT. AMBEDKAR NAGAR AND ANOTHER

A227/3590/2025 · 2025-05-30

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34023 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3590 of 2025 Petitioner :- Priyanka Respondent :- Naib Tehsildar Jahangirganj Distt. Ambedkar Nagar And Another Counsel for Petitioner :- Arun Kumar,Yagya Vardhan Pandey Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. 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):- "Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to direct the opp. party no. 1 to decide the case no.5115/2023, computerised case no. 202304040405115, Priyanka vs. Siyaram, under Section 34 of U.P. Revenue code 2006, expeditiously within the stipulated time as provided by this Hon'ble court 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 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 case in issue, detailed in the prayer clause, 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