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Neutral Citation No. - 2025:AHC:78847 Court No. - 34 Case :- WRIT - C No. - 15162 of 2025 Petitioner :- Om Prakash Respondent :- State of U.P. and Another Counsel for Petitioner :- Ravi Shankar Mishra Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Shri Ravi Shankar Mishra, learned counsel for the petitioner and Shri Jitendra Narain Rai, learned Additional Chief Standing Counsel appearing on behalf of State- respondents. 2. By means of the present writ petition the petitioner has prayed for a writ in the nature of mandamus directing the Naib Tehsildar, Badokhar, Tehsil Koraon, District Prayagraj / respondent no. 2 to decide the Mutation Case No. 2240 of 2023, Computer Case No. 202302030902240, within stipulated period fixed by this Hon'ble Court. 3. Learned counsel for the petitioner submits that the case under Section 34 of the U.P. Revenue Code, 2006 is pending for disposal before the Naib Tehsildar, Badokhar, Tehsil Koraon, District Prayagraj / 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. 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. 8. 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 Naib Tehsildar, Badokhar, Tehsil Koraon, District Prayagraj / respondent no.
2, before whom the aforementioned matter is pending for disposal, to decide the Mutation Case No. 2240 of 2023, Computer Case No. 202302030902240 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 be granted to either of the parties and the adjournment, if prayed for, the same shall be granted only in exceptional circumstances.
9. With the aforesaid direction, the present writ petition is
disposed of.
Order Date :- 14.5.2025 Arif Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad