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2025 DAILYLAW 170009 (ALL)

MOHD. KAFEEL v. TEHSILDAR (JUDICIAL) TEHSIL TANDA DIST. AMBEDKAR NAGAR AND 6 OTHERS

/6184/2024 · 2025-01-08

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1274 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 6184 of 2024 Petitioner :- Mohd. Kafeel Respondent :- Tehsildar (Judicial) Tehsil Tanda Dist. Ambedkar Nagar And 6 Others Counsel for Petitioner :- Niyaj Ahmad Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner and learned Standing counsel for the State respondent. In view of the order proposed to be passed by this Court, notice to private respondent is dispensed with. By means of the instant petition, the petitioner seeks expeditious disposal of the mutation case which is pending since 2001. A coordinate Bench of this Court by means of the order dated 18.12.2024 had required learned Standing counsel to seek instructions and as per the instructions, it is stated that the matter was listed before the Court concerned on 07.01.2025 but since application for substitution is pending coupled with the fact that majority of the members of the Bar have not cooperated, hence, the proceedings could not be taken to its logical conclusion. Having considered the aforesaid and looking to the extracts of the order sheet which have been brought on record as Annexure no.4, it reveals that the evidence of the present petitioner had concluded by 05.11.2001 and thereafter the matter was listed and repeatedly for the evidence of the private respondent who have sought adjournments to file the evidence and though the last opportunity was granted on several occasions yet the evidence have not been filed. In the meantime, the substitution application has been moved which needless to say should be heard and decided expeditiously including the entire proceedings as mutation proceedings are of summary nature and it does not reflect well that it is on the Board of the court concerned since 2001. Considering the aforesaid, the petition is disposed of with a direction to the court concerned to consider and decide the proceedings as expeditiously as possible by fixing a date in every week so that the entire proceedings can be concluded within a period of six weeks from the date a copy of the order is placed before the court concerned. With the aforesaid, the petition is disposed of. It is made clear that the Court has not examined the case on merits and the court concerned shall decide the same strictly in accordance with law. Order Date :- 8.1.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench