KAILASHI DEVI (DIED) v. TEHSILDAR, TEHSIL-GOLA, AND ANOTHER
WRIC/6006/2025 · 2025-03-19
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23944 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23944 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:40812 Court No. - 33 Case :- WRIT - C No. - 6006 of 2025 Petitioner :- Kailashi Devi (Died) Respondent :- Tehsildar, Tehsil-Gola, And Another Counsel for Petitioner :- Gopal Srivastava 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.1/Tehsildar, Tehsil Gola, District Gorakhpur to decide the Case No. T-20150531071843 (Shakuntala Vs. Kailasi), under Section 34 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 respondent No.1/Tehsildar, Tehsil Gola, District Gorakhpur 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 :- 20.3.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad