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Neutral Citation No. - 2025:AHC:35783 Court No. - 37 Case :- WRIT - C No. - 5454 of 2025 Petitioner :- Ashok Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Santosh Kumar Singh, learned counsel for the petitioner, Sri Anshul Nigam, learned Standing Counsel representing the respondents no.1 & 2 and perused the record. 2. Learned counsel for the petitioner, at the very outset, has made an oral request seeking permission to make a correction in the prayer clause wherein the year of the case (Computerized Case No. T202414290503733) has been wrongly typed as 2014 instead of
2024. 3. Learned counsel for the petitioner is permitted to carry out the said amendment/correction in the prayer clause, during the course of the day. 4. The present writ petition has been filed, inter alia, for the following relief:
"(i) Issue a writ, order or direction in the nature of mandamus commanding/ directing the respondent No.2 to decide the Computerized Case No. T202414290503733 of 2024 (Ashok versus Bhumi Prabandhan Samiti and others), under Section 34 of U.P. Revenue Code, 2006, Tehsil- Jakhaniya, District Ghazipur, within stipulated period as directed by this Hon'ble Court. (ii) ..................... (iii) ...................."
5. Learned counsel for the petitioner submits that the case under Section 34 of U.P. Revenue Code, 2006 is pending for disposal since 2024 before the respondent No.2 but till date the proceeding has not been concluded. 6. 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."
7. 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. 8. Learned Standing Counsel submits that he has no objection if a direction is issued by this Court for expeditious disposal of the case within stipulated period as to be fixed by this Court. 9.
In view of the nature of the order proposed to be passed, the service of notice upon the respondent nos. 3 & 4 is dispensed with. 10. 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. 11. Accordingly, without adverting on merits of the case and with the consent of the learned counsels present before the Court, this Court deems it appropriate to finally dispose of the present writ
petition with a direction to Nayab Tehsildar, Tehsil Jakhaniya, District Ghazipur (respondent No. 2), before whom the aforementioned matter is pending for disposal, to decide the Case No. T202414290503733 of 2024, strictly in accordance with law, by a reasoned 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, the same shall be granted only in exceptional circumstances.
12. With the aforesaid direction, the present writ petition is
disposed of.
Order Date :- 11.3.2025 Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad