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Neutral Citation No. - 2025:AHC:67674 Court No. - 34 Case :- WRIT - C No. - 12276 of 2025 Petitioner :- Ramashankar Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Shri Pradeep Kumar Rai, Advocate holding brief of Shri Rajesh Kumar Singh, learned counsel for the petitioner, Shri Nand Lal Maurya, learned Standing Counsel representing the State- respondents No. 1 & 2 and Shri Sudhir Bharti, learned counsel appearing on behalf of Gaon Sabha-respondent No.3. 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. 2/Tehsildar, Tehsil-Hata, District- Kushinagar, to decide the case No. 189/2024 (computer case No. T202405440200189) (Ramashankar Yadav Vs. Lal Vachan), Under Section -34 of U.P. Revenue Code, 2006, expeditiously as possible within short stipulated period as directed by this Hon'ble Court. (ii) Issue a writ, order or direction in nature of mandamus commanding the respondent no. 2 to pass an order to not change the nature of land till disposal of the above said case of the petitioner in the above said case. (iii) .................... iv)......................."
3. Learned counsel for the petitioner submits that the case under Section 34 of U.P. Revenue Code, 2006 is pending for disposal since 14.02.2024 before the respondent No.2 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 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-Hata, District Kushinagar (respondent No. 2), before whom the aforementioned matter is pending for disposal, to decide the Case No. 189/2024 (computer case No. T202405440200189) (Ramashankar Yadav Vs. Lal Vachan), 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