BABU LAL v. NAIB TEHSILDAR, DIYARA, TEHSIL JAISINGHPUR, SULTANPUR AND OTHERS
A227/6428/2025 · 2025-11-04
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 172923 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 172923 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6428 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J.
1. Heard learned counsel for the petitioner as well as learned Standing Counsel on behalf of respondent no.1. 2. In view of the proposed order, notice to respondents no. 2 to 3, is dispensed with. 3. Present petition under Article 227 of the Constitution of India has been filed by the petitioner with the prayer to direct the respondent no.1 to decide the mutation proceeding under Section 34 Revenue Code Act, 2006 in Case No. T202404680706567 namely, "Babu Lal Vs. Ram Prakash Singh" village Khanipur, Pargana Aldemau, Tehsil Jaisinghpur, District Sultanpur, in which the mutation application is pending since long, expeditiously preferably within a stipulated period fixed by this Honb'le Court. 4. It has been submitted that the mutation application has been moved by the petitioner, which was listed before the Naib Tehsildar, Tehsil Jaisinghpur and in the same opposite party no.3 moved an application for grant of time for filing objection with the concealment of fact claiming his right but till date no objection has been filed. It has been stated that the matter is urgent and a perusal of the order sheet clearly indicates that though the case is regularly listed but it is routinely adjourned on one pretext or the other. 5. It is noticed that the instant matter relates to 2024 and the trial courts are heavily burdened with the dockets due to which large number of cases are pending before them. In the present case, no extraordinary circumstance has been indicated by the petitioner so as to interfere and pass orders for expeditious disposal of the mutation case which has been filed only in 2024. Accordingly, no case for interference is made out at this stage. Versus Counsel for Petitioner(s) : Rakesh Kumar Nayak Counsel for Respondent(s) : C.S.C. Babu Lal .....Petitioner(s) Naib Tehsildar, Diyara, Tehsil Jaisinghpur, Sultanpur And Others .....Respondent(s)
6. However, looking to the aforesaid circumstances, liberty is granted to the petitioner to move appropriate application before the trial court within next two weeks for expediting the proceedings. In case, such an application is made, the trail court shall consider and decide the same within two weeks thereafter by a reasoned and speaking order.
In case, the trial court finds that a case for urgency has been made out, it shall proceed to consider and decide the case of the petitioner expeditiously. 7. With aforesaid direction the petition stands disposed of. November 4, 2025 Muk A227 No. 6428 of 2025 2 (Alok Mathur,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench