Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 164707 (ALL)

SANTLAL v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS

A227/5513/2025 · 2025-09-15

Manjive Shukla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5513 of 2025 Court No. - 30 HON'BLE MANJIVE SHUKLA, J. 1. Heard Sri Kamlesh Kumar learned counsel for the petitioner and learned Standing Counsel appearing for the Respondents No.1 and 2. 2. In view of the proposed order, notice to Respondents No.3 and 4 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 to directing the Opposite Party no.2 i.e. Tehsildar, Tehsil Alapur, District Ambedkar Nagar to decide the Case No.4882/2023, Computerized Case No.T202304040404882, Santlal vs. Mahabal, filed U/s 34 U.P. Revenue Code, 2006, pending in the Court of Tehsildar, Tehsil Alapur, District Ambedkar Nagar, in accordance with law, at the earliest with the time fixed by this Hon'ble Court)." 4. The contention of learned counsel for the petitioner is that the petitioner has filed the Case No.4882/2023, Computerized Case No.T202304040404882, Santlal vs. Mahabal, U/s 34 U.P. Revenue Code, 2006, before the Tehsildar, Tehsil Alapur, District Ambedkar Nagar and the said case is pending since the year 2023 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) : Kamlesh Kumar, Aman Kumar Chaudhary Counsel for Respondent(s) : C.S.C. Santlal .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others .....Respondent(s) 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 a period of ninety days but in the petitioner's matter his mutation case is pending since the year 2023 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.2 to consider and decide the case, subject matter of this petition, expeditiously. 7. I have heard learned counsels appearing for the parties and I find that the legislature itself has provided under Rule 34 (7) of 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 further if it is not possible then reasons are to be recorded. From a bare 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.2 to hear and decide the Case No.4882/2023, Computerized Case No.T202304040404882, Santlal vs. Mahabal, filed U/s 34 U.P. Revenue Code, 2006, expeditiously, preferably within a period of four months from the date of service of a certified copy of this order provided there is no legal impediment. September 15, 2025 Renu/- A227 No. 5513 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench