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2025 DAILYLAW 165660 (ALL)

IRSHAD AHMED SALIM KHAN v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS

WRIC/9418/2025 · 2025-09-25

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9418 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Shri Anil Kumar Srivastav, learned counsel appearing on behalf of the petitioner, learned Standing Counsel on behalf of State respondents no. 1 to 5 and Shri Mohan Singh, learned counsel for respondent no. 10. 2. In view of the order proposed, notice to the private respondents is dispensed with. 3. It has been submitted by counsel for the petitioner that proceedings under Section 34 of the U.P. Revenue Code / Section 201 of the U.P. Land Revenue Act, are pending before the Nayab Tehsildar, Kurebhar, District Sultanpur, since 2011 at the behest of the petitioner, despite repeated opportunity is being granted to the petitioner, no evidence was filed and accordingly to his opportunity of filing evidence was closed and the matter was fixed for final hearing on 09/04/202. The petitioner being aggrieved by the order of the Nayab Tehsildar dated 02/04/2025, had preferred a revision before the District Magistrate, Sultanpur, who has also rejected his revision after recording that 14 years has passed since the pending of the proceedings for mutation, which are summary in nature, are to be decided on the basis of material available on record. 4. The counsel for the petitioner submits that the Court may fix any date before the Nayab Tehsildar, on which date, he shall produce the concerned witness and thereafter the matter may be decided with expedition or any date which may be fixed by this Court. Versus Counsel for Petitioner(s) : Anil Kumar Srivastava Counsel for Respondent(s) : C.S.C., Mohan Singh Irshad Ahmed Salim Khan .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others .....Respondent(s) 5. Counsel for the respondents does not oppose the prayer made by the petitioners. 6. Considering the arguments of the petitioner though initially I could not incline to interfere the matter which has been pending for last 14 years and only the matter is fixed for arguments but considering the plea raised by the petitioner, he may be permitted to adduce one witness evidence, for this purposes, any date may be fixed. He shall produce the said witness thereafter and cooperate in the proceeding, and the proceedings may also be directed to be concluded with expedition. 7. In light of the above, the petition is disposed of. 8. The petitioner shall produce witness on the next date fixed, which, according to the petitioner, is 08/10/2025. In case for some reason, the matter cannot be taken up, or the witness cannot be produced on 08/10/2025, he shall be produced within one week thereafter at the discretion of the trial court thereafter. He may be cross-examined by the opposite parties within one week, and the Tehsildar is directed to conclude the proceedings within one month thereafter in accordance with law, after giving full opportunity of hearing to all the parties. 9. With the aforesaid direction, the petition is disposed of with a cost of ₹2500 to be paid equally to the private respondents within the next 2 weeks. In case,  the petitioner fails to pay the cost, the benefits of the order shall not be available to him. September 25, 2025 KR WRIC No. 9418 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench