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2025 DAILYLAW 42174 (ALL)

SMT. MADHU SINGH AND ANOTHER v. STATE OF UP AND 6 OTHERS

WRIC/12269/2025 · 2025-04-29

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67830 Court No. - 34 Case :- WRIT - C No. - 12269 of 2025 Petitioner :- Smt. Madhu Singh And Another Respondent :- State Of Up And 6 Others Counsel for Petitioner :- Arurit Kumar,Rajeev Kumar Singh Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Rajeev Kumar Singh, learned counsel for the petitionera, Sri Awadhesh Kumar Patel, learned Standing Counsel representing the respondents no.1, 2 & 3 and perused the record. 2. 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 and directing the respondent No.3, Tehsildar, Tehsil-Sadar, District- Gorakhpur to decide the leading Mutation Case No. 11507/2020, Computerized Case No. T202005310311507 (Madhu Singh Vs. Gorakh Singh) u/s-34/35 of U.P. Revenue Code, 2006 along with other connected Mutation Cases i.e. Case No. 11508/2020, Computerized Case No. T202005310311508 (Madhu Singh Vs. Gorakh Singh) u/s-34/35 of U.P. Revenue Code, 2006, Case No. 11510/2020, Computerized Case No. T202005310311510 (Madhu Singh Vs. Gorakh Singh) u/s- 34/35 of U.P. Revenue Code, 2006, Case No. 11512/2020, computerized Case No. T202005310311512 (Madhu Singh Vs. Gorakh Singh) u/s- 34/35 of U.P. Revenue Code, 2006 and Case No. 11515/2020, Computerized case No. T202005310311515 (Madhu Singh Vs. Gorakh Singh) u/s- 34/35 of U.P. Revenue Code, 2006, as expeditiously and earliest within stipulated time, which as fix by this Hon'ble Court. (ii) ..................... (iii) ...................." 3. Learned counsel for the petitioner submits that the case under Section 34/35 of U.P. Revenue Code, 2006 is pending for disposal since 2020 before the respondent No.3 but till date the proceeding has not been concluded. 4. 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." 5. 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. 6. 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. 7. In view of the nature of the order proposed to be passed, the service of notice upon the respondent no. 4, 5 & 6 is dispensed with. 8. 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. 9. 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 Tehsildar, Tehsil Sadar, District Gorakhpur (respondent No. 3), before whom the aforementioned matter is pending for disposal, to decide the leading Mutation Case bearing Case No. 11507/2020, Computerized Case No. T202005310311507 (Madhu Singh Vs. Gorakh Singh) u/s-34/35 of U.P. Revenue Code, 2006 along with other connected Mutation Cases i.e. Case No. 11508/2020, Computerized Case No. T202005310311508 (Madhu Singh Vs. Gorakh Singh) u/s-34/35 of U.P. Revenue Code, 2006, Case No. 11510/2020, Computerized Case No. T202005310311510 (Madhu Singh Vs. Gorakh Singh) u/s- 34/35 of U.P. Revenue Code, 2006, Case No. 11512/2020, computerized Case No. T202005310311512 (Madhu Singh Vs. Gorakh Singh) u/s- 34/35 of U.P. Revenue Code, 2006 and Case No. 11515/2020, Computerized case No. T202005310311515 (Madhu Singh Vs. Gorakh Singh) u/s- 34/35 of U.P. Revenue Code, 2006, 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. 10. With the aforesaid direction, the present writ petition is disposed of. Order Date :- 30.4.2025 Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad