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2025 DAILYLAW 165148 (ALL)

RAM KISHOR @ RAM KISHOR YADAV v. NAIB TAHSILDAR, TULSIPUR, BALRAMPUR AND ANOTHER

A227/5588/2025 · 2025-09-17

Manjive Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5588 of 2025 Court No. - 30 HON'BLE MANJIVE SHUKLA, J. 1. Heard learned counsel appearing for the petitioner and learned State Counsel appearing for Respondent No.1. 2. In view of the order proposed, notice to Respondent No.2 is hereby dispensed with. 3. The instant petition has been filed by the petitioner, inter alia praying therein for the following relief: "Issue suitable order i.e. direction commanding the opposite Party no. 1 decide the mutation application bearing case no. 197/2025, Computerized case No.T- 202508100200197, Khata No. 254, Gata No.1055 Ka, 1265, 1293 and Khata No. 274, Gata No. 220, 662 (1430-143550) situated at Aurahwa of the within stipulated period which is annexed as Annexure No. 4 to this petition. It is further prayed that this Hon'ble Court may further direct to the Opposite Party no 2 to initiat to (ex parte proceeding) in case the ( ex parte) Opposite Party no 2 is not cooperating in the matter. (ii.) Any other order or direction which this Hon'ble court may deem fit and proper under the facts and circumstances of the case may also be passed in favour of the petitioner. (ili) To allow the petition with cost." 4. It has been contended on behalf of the petitioner that a case for mutation under Section 34 of the UP. Revenue Code, 2006 has been filed before the Versus Counsel for Petitioner(s) : Mohd.Mateen, S. Asan Counsel for Respondent(s) : C.S.C. Ram Kishor @ Ram Kishor Yadav .....Petitioner(s) Naib Tahsildar, Tulsipur, Balrampur And Another .....Respondent(s) Tehsildar- Tulsipur District- Balrampur on the basis of registered Will Deed but the said case is pending since 28.11.2024 and has not been decided till date. 5. Learned Standing Counsel, on the other hand, has very fairly 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 in question, expeditiously, within the time frame fixed by this Court. 6. I have considered the arguments advanced by the learned counsels for the parties and I find that the mutation case filed by the petitioner is pending before Respondent No.1. 7. Accordingly, this petition is finally disposed of with a direction to Respondent No.1, i.e., Tehsildar, Tehsil- Tulsipur District- Balrampur to consider and decide the Case No. 197/2025, Computerized case No.T- 202508100200197, expeditiously, preferably within a period of six months from the date of presentation of certified copy of this order before him, provided that there is no legal impediment. 8. Needless to say that this Court has not adjudicated upon merits of the case. September 17, 2025 V. Sinha A227 No. 5588 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench