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2025 DAILYLAW 20785 (ALL)

GUDIYA DEVI v. STATE OF U.P. AND 3 OTHERS

WRIC/5393/2025 · 2025-03-03

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30892 Court No. - 37 Case :- WRIT - C No. - 5393 of 2025 Petitioner :- Gudiya Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Datta Tiwari,Supriya Pandey Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Ms. Supriya Pandey, learned counsel for the petitioner, Sri Jitendra Narain Rai, learned Additional Chief Standing Counsel representing the respondents no.1 & 2 and perused the record. 2. The present writ petition has been filed, inter alia, for the following relief: "(i) To issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the mutation case No.4480 of 2021 (Computer Case No. T202105440204480) (Gudiya Devi versus Ram Naresh) under Section 35 of U.P. Revenue Code, 2006, situated Village Math Surajgir Tappa Bachara Pargana Silhat Tehsil Hata District Kushi Nagar, within stipulated period as fixed by this Hon'ble Court. (ii) ..................... (iii) ...................." 3. Learned counsel for the petitioner submits that the case under Section 35 of U.P. Revenue Code, 2006 is pending for disposal since 2021 before the respondent No.2 but till date the proceeding has not been concluded. 4. Sub Rule 7 of Rule 34 of the U.P. Revenue Code Rules, 2016 provides as under: "............(7). The Tahsildar shall make an endeavour to decide the undisputed case of mutation within the period of 45 days from the date of the registration of the case and the disputed case of mutation within the period of 90 days and if the proceeding is not concluded within such period the reason for the same shall be recorded." 5. There is a clear legislative mandate that if proceedings are not concluded within stipulated period of time as provided under the aforesaid provision, reasons for the same shall be recorded. 6. Learned Additional Chief Standing Counsel submits that he has no objection to the extent that a direction is issued by this Court for expeditious disposal of the case within stipulated period as to be fixed by this Court. 7. In view of the nature of the order proposed to be passed, the service of notice upon the respondent nos. 3 and 4 is dispensed with. 8. Taking into consideration the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping this writ petition pending. 9. Accordingly, without adverting on merits of the case and with the consent of the parties present before the Court, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Tehsildar (Judicial), Tehsil Hata, District Kushi Nagar (respondent No. 2), before whom the aforementioned matter is pending for disposal, to decide the Case No. 4480 of 2021 (Computerized Case No. T202105440204480), strictly in accordance with law, by a reasoned and speaking order on merit after affording opportunity of hearing to the parties concerned, expeditiously and preferably within a period of three months from the date of receipt of a certified copy of this order, unless there is any legal impediment. It is further directed that no unnecessary adjournments be granted to either of the parties and the adjournment, if prayed for, will be permissible to be granted only in exceptional circumstances. 10. With the aforesaid direction, the present writ petition is disposed of. Order Date :- 4.3.2025 Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad