MATEEN AHMAD KHAN v. NAYAB TEHSILDAR MAWAI DIST. AYODHYA AND ANOTHER
A227/3764/2025 · 2025-05-30
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 144724 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144724 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:33650 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3764 of 2025 Petitioner :- Mateen Ahmad Khan Respondent :- Nayab Tehsildar Mawai Dist. Ayodhya And Another Counsel for Petitioner :- Ghufran Hussain 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 is hereby dispensed with. By means of this petition, the petitioner has sought following main relief :-
"Direct the Opposite Party No.1 to decide the mutation Case No. RST/2875/2017, Computerized Case No. T2017042348072875, filed by the petitioner under section 34 of U.P. Revenue Code, 2006, in regard to land Khata No. 165, 796, 354, 355, 385, 802, 406, 409 & Khata No.38, 32, situated at Puraye, Pargana & Tehsil Rudauli, District Ayodhya, expeditiously, within time frame provided by this Hon'ble High 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 2017, 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 Mawai District Ayodhya 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, if there is no other legal impediment. 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