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Neutral Citation No. - 2025:AHC:37907 Court No. - 33 Case :- WRIT - C No. - 7521 of 2025 Petitioner :- Lakhan Respondent :- State of U.P. and Another Counsel for Petitioner :- Bhagwan Dutt Pandey,Vrajendra Kumar 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/ Tehsildar, Tehsil Nautanwa, District Maharajganj to decide case No. 2641 of 2022, (Computerized Case No. T 202205470302641) (Lakhan and others Vs. Bhola) under Section 33/34 of U.P. Revenue Code Rules, 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 Rule, 2016, such kind of applications should be decided within a time bound period. Sub Rule (7) of Rule 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 Nautanwa, District Maharajganj to decide case No. 2641 of 2022, (Computerized Case No. T 202205470302641) (Lakhan and others Vs. Bhola) in terms of Rule 34 (7) of the U.P. Revenue Code Rules, 2016 unless there is no legal impediment. Order Date :- 17.3.2025 Kumar Manish Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad