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2025 DAILYLAW 24226 (ALL)

SMT RAZIYA AND ANOTHER v. STATE OF UP AND 3 OTHERS

WRIC/6058/2025 · 2025-03-18

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39966 Court No. - 33 Case :- WRIT - C No. - 6058 of 2025 Petitioner :- Smt Raziya And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Jitendra Singh,Sukesh Kumar Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. After some arguments, learned counsel for the petitioners confined his prayer only to the effect to the effect to direct the respondent No.3/Assistant Collector/Sub Divisional Magistrate, Tehsil Dhampur District Bijnor to decide the Case No.T201913160306107 of 2019 (Razia Vs. Rabiya) filed under Section 35 of U.P. Land Revenue Code, 2006 as well as Case No.T202013160300849 of 2021 (Shoib Aslam Vs. Mohd. Qasim) under Section 35 of U.P Land Revenue Code, 2006 expeditiously. 2. 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. 3. On the other hand, it is argued by learned Standing Counsel that the respondent No.3 will decide the aforesaid cases expeditiously. 4. In the facts and circumstances of the case, the present writ petition is disposed of finally directing the respondent No.3/Assistant Collector/Sub Divisional Magistrate, Tehsil Dhampur District Bijnor 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 :- 19.3.2025/saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad