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2025 DAILYLAW 164877 (ALL)

BANO v. TEHSILDAR, MANDAL DEVI PATAN, TEHSIL TULSIPUR, BALRAMPUR AND ANOTHER

A227/5598/2025 · 2025-09-17

Manjive Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5598 of 2025 Court No. - 30 HON'BLE MANJIVE SHUKLA, J. 1. Heard Shri Prince Singh, learned counsel appearing for petitioner and learned Standing Counsel for Respondent No. 1. 2. In view of the order proposed, issuance of notice to 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:- "(i) Direct the Opposite Party No. 1 to decide the mutation proceedings of Case No. 2618 / 2025, Comupterized Case No. T202508100202618, under section 34 of U.P. Revenue Code, 2006, 'Smt. Bano Vs. Habul', pending before the Opposite Party No. 1 expeditiously within stipulated time as prescribed by this Hon'ble High Court." 4. It has been contended on behalf of the petitioner that he has filed a case for mutation under Section 34 of the U.P. Revenue Code, 2006 before Respondent No. 1 in the year 2023 and since then, the said case is pending and has not been decided. 5. Learned counsel appearing for the petitioner has argued that legislature itself under Rule 34(7) of the U.P. Revenue Code Rules, 2016 had provided that the undisputed mutation case shall be decided within a period of 45 days and undisputed cases shall be decided within a period of 90 days and further, if for any reason, it is not possible to decide the said cases, the reasons for non-disposal of the case shall be recorded in the Versus Counsel for Petitioner(s) : Sant Bux Singh, Prince Singh Counsel for Respondent(s) : C.S.C. Bano .....Petitioner(s) Tehsildar, Mandal Devi Patan, Tehsil Tulsipur, Balrampur And Another .....Respondent(s) order sheet. It has further been argued that the order sheet of the case, subject matter of this writ petition, clearly reveals that no reason for non- disposal of the case has been recorded. 6. On the other hand, learned Standing Counsel appearing for Respondent No. 1 has very fairly submitted that the ends of justice would be served if a direction is issued to Respondent No. 1 to hear and decide the case in question expeditiously, within a time frame fixed by this Court. 7. I have considered the submissions made by the learned counsels for the parties and I find that the mutation case filed by the petitioner is pending before Respondent No. 1 since the year 2023 and has not been decided till date. I further find that Rule 34(7) of the U.P. Revenue Code Rules, 2016 categorically provides that mutation cases are to be decided within a period of 90 days. 8. In view of the aforesaid reasons, this writ petition is finally disposed of with a direction to Respondent No. 1 to hear and decide the Case No. Case No. 2618 / 2025, Comupterized Case No. T202508100202618 (Smt. Bano Vs. Habul) 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 17, 2025 Lokesh Kumar A227 No. 5598 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench