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2025 DAILYLAW 46931 (ALL)

DURGEN SINGH v. STATE OF U.P. AND 4 OTHERS

WRIC/12099/2025 · 2025-04-22

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61163 Court No. - 35 Case :- WRIT - C No. - 12099 of 2025 Petitioner :- Durgen Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Fakhruzzaman Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant writ petition has been filed for following relief: "i. Issue a writ, order or direction in the nature of Mandamus directing the learned Tehsildar, Konch, District Jalaun, to expedite and decide the Case no.02084 of 2018 (Computerized Case No.T201806350202084 within a fixed time frame as per law. ii. Issue a writ, order or direction in the nature of mandamus directing or fix a reasonable time period, preferably within four weeks, for the disposal of the mutation proceedings as remanded by the Sub-Divisional Magistrate, Konch, vide order dated 15.02.2021. iii. Issue a writ, order or direction in the nature of mandamus directing the concerned authority to ensure that the petitioner is not subjected to further prejudice due to inordinate delay in deciding the mutation application, despite earlier directions of this Hon'ble Court." 3. Contention of the learned counsel for the petitioner is that by an appellate order dated 15.02.2021, the appeal filed by the respondent was allowed and the matter was remitted before the respondent no.2 to decide the proceedings afresh within three months. The appellate order was passed on 15.02.2021 but the proceedings have not yet been concluded. 4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this petition pending and direction be issued to the respondent no.2 to decide the mutation proceedings expeditiously. 5. Accordingly, the present petition stands disposed of finally with a direction to the Tehsildar, Tehsil-Konch, District-Jhansi to consider and decide the mutation proceedings, in accordance with law, expeditiously, preferably within a period of three months from the date of production of a certified copy of this order after hearing all the parties concerned and giving a reasonable opportunity of hearing in respect of their case provided that there is no other legal impediment. Order Date :- 23.4.2025 Priya (Manish Kumar Nigam,J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad