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2025 DAILYLAW 144239 (ALL)

VIJAY LAXMI v. TEHSILDAR TEHSIL PAYAGPUR DIST. BAHRAICH AND ANOTHER

A227/3706/2025 · 2025-05-30

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:33851 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3706 of 2025 Petitioner :- Vijay Laxmi Respondent :- Tehsildar Tehsil Payagpur Dist. Bahraich And Another Counsel for Petitioner :- Vijayendra Prakash Tripathi,Rajesh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. Present petition has been filed for the following main relief:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct opposite party no. 1 to decide the Case No. 8491 of 2023, Computerized Case No. T-202308150508491, under section- 34 of U.P. Revenue Code, 2006 expeditiously, as early as possible, in the interest of justice." It is stated that 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 September, 2023. In these circumstances, indulgence of this Court is required in the matter. The prayer is to expedite the proceedings of pending case. Learned State counsel submits that he has no objection in case an expedite order is passed. Considering the facts and circumstances of the case, 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-Tehsildar, Tehsil- Payagpur, District-Bahraich to consider and decide Case No. 8491 of 2023, Computerized Case No. T-202308150508491, most expeditiously, after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party preferably within a period of three months from the next date fixed in the case, if possible and if there is no other legal impediment in this regard. It is made clear that this 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