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2025 DAILYLAW 164918 (ALL)

SHIV NATH YADAV v. TEHSILDAR, TEHSIL MILKIPUR, MANDAL, AYODHYA AND OTHERS

A227/5518/2025 · 2025-09-15

Manjive Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5518 of 2025 Court No. - 30 HON'BLE MANJIVE SHUKLA, J. 1. Heard Shri Prashant Vikram Singh, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. In view of the proposed order, issuance of notice to Respondents No. 2 to 4 is hereby dispensed with. 3. The captioned writ petition has been filed by the petitioner, inter alia praying therein for the following relief:- "(i) Issue an order or direction to Opposite Party No. 01 to decide the Case No. 3749/2024, Computerized Case No. T202404230403749 (Shiv Nath Yadav Vs. Ramjas), filed Under Section 34 of U.P. Revenue Code, 2006 related to land bearing Gata No. 956 and 958Kha having area 83.64 square metre situated at Village - Vinayakpur, Pargana - Khansada, Tahsil - Milkipur, District - Ayodhya, pending before him since 16.07.2024, within some stipulated time." 4. The contention of learned counsel for the petitioner is that the petitioner has filed the Mutation Case No. 3749/2024, Computerized Case No. T202404230403749 (Shiv Nath Yadav Vs. Ramjas) under Section 34 of the U.P. Revenue Code, 2006 before the Tehsildar, Tehsil - Milkipur, District - Ayodhya and the said case is pending since July, 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 Versus Counsel for Petitioner(s) : Prashant Vikram Singh Counsel for Respondent(s) : C.S.C. Shiv Nath Yadav .....Petitioner(s) Tehsildar, Tehsil Milkipur, Mandal, Ayodhya And Others .....Respondent(s) days and where any dispute exists, the said cases are to be decided within a period of 90 days but in the petitioner's matter, his mutation case is pending since July, 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 the submissions of 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 90 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 finally disposed of with a direction to the Respondent No. 1 to hear and decide the Mutation Case No. No. 3749/2024, Computerized Case No. T202404230403749 (Shiv Nath Yadav Vs. Ramjas), 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 Lokesh Kumar A227 No. 5518 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench