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2025 DAILYLAW 90742 (ALL)

JAFARYAB v. State of UP AND 2 OTHERS

WRIC/29402/2024 · 2025-02-19

Prakash Padia

body2025

Judgment text

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Court No. - 7 Case :- WRIT - C No. - 29402 of 2024 Petitioner :- Jafaryab Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Girijesh Kumar Gupta,Shiv Shankar Pd Gupta Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Prakash Padia,J. 1. The petitioner has preferred the present petition with the prayer to direct the respondent No.2/Tehsildar, Tehsil Dhaulana District Hapur to decide the mutation application filed by the petitioner expeditiously. 2. Facts in brief as contained in the petition are that on the proposal of Gaon Sabha Dehra (Goverdhanpur) dated 18-2-1988, the petitioner was allotted patta being Khasara no 53 area 0.0890 hectare which is recorded as Usar as well as Khasara no 57 area 0.422 hectare which is recorded as Navin Parti along with others as per provisions of U. P. Z. A. & L. R Act and the aforesaid patta was duly approved by the Land Management Committee on 21.09.1988. 3. It is argued by learned counsel for the petitioner that some other patta holders, namely Ompal, Mariyam and Somwati had applied for mutation and the orders were passed in their favour for mutation of their names in revenue records. It is argued that the petitioner also filed an application dated 3-6-2022 for mutation of his name in revenue records by R.C. Form 10 under Rule 30(1) of Uttar Pradesh Revenue Code Rules 2016 before the Revenue Authorites. It is argued that Revenue Inspector submitted report on 30.06.2022 but till date no final order has been passed in the aforesaid mutation application. It is argued that as per provisions contained under sub-rule (7) of Rules 34 of the U.P. Revenue Code Rules, 2016, such kind of applications should be decided within a time bound period. Sub Rule (7) of Rules 34 reads as follows:- "(7). The Tahsildar shall make an endeavor 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. Heard learned counsel for the parties and perused the record. 6. In the facts and circumstances of the case, the present writ petition is disposed of finally directing the respondent No.2/Tehsildar, Tehsil Dhaulana District Hapur to decide the aforesaid application as per the provisions contained under sub-rule (7) of Rules 34 of the U.P. Revenue Code, 2006, unless there is no legal impediment. Order Date :- 20.2.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad