HUBRAJI v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS
A227/5502/2025 · 2025-09-15
Manjive Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163977 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163977 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5502 of 2025 Court No. - 30 HON'BLE MANJIVE SHUKLA, J.
1. Heard Sri Deepak Kumar, learned counsel for the petitioner and learned Standing Counsel appearing for the Respondents No.1 to 3. 2. In view of the proposed order, notice to Respondents No.4 to 7 is hereby dispensed with. 3. The captioned writ petition has been filed by the petitioner, inter alia praying therein for the following relief:-
"Issue order or direction in the nature of mandamus commanding and directing the respondent no.3 to decide the pending mutation application of the petitioner dated 07.09.2024, bearing computerized case no.T202404230303365, Case No.3365 of 2024, filed under Section 34 read with rule 33(1) U.P. Revenue Code by passing the reasoned and speaking order within the specific period of time after hearing the parties concerned, in a given time frame fixed by this Hon'ble High Court"
4. The contention of learned counsel for the petitioner is that the petitioner has filed the Mutation Case No. T202404230303365, Case No.3365 of 2024 under Section 34 of the U.P. Revenue Code, 2006, (Hubraji vs. Manoj Singh) before the Tehsildar, Tehsil Akbarpur, District Ayodhya and the said case is pending since the year 2024 and has not been decided till date. 5. Learned counsel for the petitioner has argued that under Rule 34 (7) of Versus Counsel for Petitioner(s) : Deepak Kumar, Ajeet Kumar Counsel for Respondent(s) : C.S.C. Hubraji .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others .....Respondent(s)
the U.P. Revenue Code Rules, 2016, the legislature itself has provided that undisputed mutation cases are to be decided within a period of 45 days and where any dispute exists, the said cases are to be decided within a period of ninety days but in the petitioner's matter his mutation case is pending since year 2024 and has not been decided till date. 6. Learned Standing counsel appearing for the State, on the other hand, has submitted that the ends of justice would be served if a direction is issued by this Court, thereby commanding the Respondent No.3 to consider and decide the case, subject matter of this petition, expeditiously. 7.
I have heard the submissions made by the learned counsels appearing for the parties and I find that the legislature itself has provided under Rule 34 (7) of the U.P. Revenue Code Rules, 2016, for disposal of the undisputed mutation cases within a period of 45 days and disputed mutation cases within a period of ninety days and if it is not possible then reasons are to be recorded. From perusal of the order sheet, I do not find any reason for non disposal of the case subject matter of this petition. 8. Accordingly, this petition is disposed of finally with a direction to the Respondent No. 3 to consider and decide the Mutation Case No. T202404230303365, Case No.3365 of 2024 filed under Section 34 of the U.P. Revenue Code, 2006 (Hubraji vs. Manoj Singh), expeditiously, preferably within a period of four months from the date of presentation of a certified copy of this order provided there is no legal impediment. September 15, 2025 Renu/- A227 No. 5502 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench