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2025 DAILYLAW 144291 (ALL)

BASANTI DEVI v. TEHSILDAR,TEHSIL LAKHIMPUR KHERI, DISTRICT KHERI AND 2 OTHERS

A227/3743/2025 · 2025-05-30

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:33621 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3743 of 2025 Petitioner :- Basanti Devi Respondent :- Tehsildar,Tehsil Lakhimpur Kheri, District Kheri And 2 Others Counsel for Petitioner :- Akashdeep Shukla Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner and learned Standing Counsel. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. By means of this petition, the petitioner has sought following main relief :- "to direct the Tehsildar, Tehsil Lakhimpur Kheri District Kheri to decide the Succession case No. RST/05969/2019 computerized Case No.T201910430105969 (Shiv Kumar versus Sardar Singh) U/S 34 of Uttar Pradesh Revenue Code 2006 which is pending since 2019 as expeditious as possible or within a period as stipulated by this Hon'ble court." 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 2019, 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 Tehsildar, Tehsil Lakhimpur Kheri District Kheri to consider and decide the Case, detailed 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. 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. Order Date :- 30.5.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench