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Neutral Citation No. - 2025:AHC:36654 Court No. - 7 Case :- WRIT - C No. - 6539 of 2025 Petitioner :- Mohammad Gazi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Muqeem Ahmad Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. Heard learned counsel for the petitioner and perused the record.
2. In view of the order proposed to be passed herein, no useful purpose would be served by putting the opposite party to notice and keeping this petition pending before this Court. However, in case the opposite party feels aggrieved by the order his/her right to seek modification/variation of the order is being kept reserved.
3. The basic relief sought by the petitioner in the present writ petition is to direct the respondent No. 2 to decide the Case No. 00929 of 2020 (Computer Case No.T- 202015510300929 (Mohammad Gazi versus Masroofan) under Section 35 of U.P. Revenue Code, 2006, within stipulated period.
4. It is argued by the counsel for the petitioner that as per provisions contained under sub-rule (7) of Rules 34 of the U.P. Revenue Code Rules, 2016, such kind of applications should be decided within a time bound period. Sub Rule (7) of Rules 34 reads as follows:-
"(7). The Tahsildar shall make an endeavor 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. It is further argued that though the aforesaid period has already been lapsed but till date no final decision has been taken in the matter, hence the present writ petition.
6. In the facts and circumstances of the case, the present writ petition is disposed of finally directing the Tehsildar, Tehsil Madhuban, District-Mau to decide the
aforesaid case as per the provisions contained under sub-rule (7) of Rules 34 of the U.P. Revenue Code, 2006, unless there is no legal impediment. Order Date :- 12.3.2025 SY Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad