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2025 DAILYLAW 46990 (ALL)

ASHOK v. STATE OF U.P. AND 3 OTHERS

WRIC/12294/2025 · 2025-04-29

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68065 Court No. - 34 Case :- WRIT - C No. - 12294 of 2025 Petitioner :- Ashok Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Achche Lal Singh Yadav,Nishi Kant Chaturvedi Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Achche Lal Singh, learned counsel for the petitioner, Sri Awadhesh Kumar Patel, learned Standing Counsel representing the respondent and perused the record. 2. The instant writ petition has been filed, inter alia, for the following relief: "(i) To issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to expedite the case no. 2638 of 2017, computerized case no. T201714290502638 (Ghurbhari vs. Saghanu), under Section 34 of U.P. Revenue Code, 2006, pending before him, within stipulated period." 3. Learned counsel for the petitioner submits that the case under Section 34 of U.P. Revenue Code, 2006 is pending for disposal since 2023 before the respondent No.2. 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 parties, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Tehsildar, Tehsil Jakhaniya, district Ghazipur (respondent No. 2), before whom the aforementioned matter is pending for disposal, to conclude the proceeding of the mutation case no. 2638 of 2017, computerized case no. T201714290502638 (Ghurbhari vs. Saghanu), under Section 34 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 will be granted to either of the parties and any adjournment, if prayed for, may be granted only in exceptional circumstances. 10. In case the lawyers do not co-operate with the proceedings either on account of abstainment from work or otherwise, the court concerned shall permit personal appearance of the parties to address it on the merits of the aforesaid case. 11. With the aforesaid direction, the present writ petition is disposed of. Order Date :- 30.4.2025 Sumaira Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad