BALWANT SINGH v. TEHSILDAR (JUDICIAL),TEHSIL AKBARPUR, AMBEDKAR NAGAR AND ANOTHER
A227/5491/2025 · 2025-09-15
Manjive Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164137 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164137 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5491 of 2025 Court No. - 30 HON'BLE MANJIVE SHUKLA, J.
1. Heard Sri Anurag Singh, learned counsel for the petitioner and learned Standing Counsel appearing for the Respondent No.1. 2. In view of the proposed order, notice to the Respondent No.2 is hereby dispensed with. 3. The captioned writ petition has been filed by the petitioner, inter alia praying therein for the following relief:-
"to direct opposite party no.1 to consider and decide the mutation proceeding initiated by him on the basis of sale deed dated 05.09.2024 in mutation case no.T202404040108725, "Balwant Singh vs. Anmol" pending before him, expeditiously, in the interest of justice. (contained as Annexure no.1)."
4. The contention of learned counsel for the petitioner is that the petitioner has filed the Mutation Case No.T202404040108725 under Section 34 of the U.P. Revenue Code, 2006, (Balwant Singh vs. Anmol) before Tehsildar (Judicial), Tehsil Akbarpur, District Ambedkar Nagar and the said case is pending since September, 2024 and has not been decided till date. 5. Learned counsel for the petitioner has argued that under Rule 34 (7) of the U.P. Revenue Code Rules, 2016, the legislature itself has provided that the 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 Versus Counsel for Petitioner(s) : Yogesh Singh, Anurag Singh Counsel for Respondent(s) : C.S.C. Balwant Singh .....Petitioner(s) Tehsildar (Judicial),Tehsil Akbarpur, Ambedkar Nagar And Another .....Respondent(s)
a period of ninety days but in the petitioner's matter his mutation case is pending since September, 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.1 to consider and decide the case, subject matter of this petition, expeditiously. 7. I have heard learned counsel 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.1 to hear and decide the Mutation Case No. T202404040108725 filed under Section 34 of the U.P. Revenue Code, 2006, (Balwant Singh vs. Anmol), 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. 5491 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench