Neutral Citation No. - 2025:AHC:12549 Court No. - 34 Case :- WRIT - C No. - 29140 of 2024 Petitioner :- Babu Singh And 10 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Om Prakash Tripathi Counsel for Respondent :- Achal Kumar Singh,Achal Singh,C.S.C. Hon'ble Brij Raj Singh,J. 1. Heard Sri Neelabh Srivastava, Advocate holding brief of Sri Om Prakash Tripathi, learned counsel for the petitioners and Sri Abhishek Shukla, learned Additional Chief Standing Counsel for the State-opposite parties. 2. In view of the order proposed to be passed, issuance of notice to private opposite parties is dispensed with. 3. The present petition has been filed with a limited prayer for issuance of a writ in the nature of Mandamus commanding and directing opposite party no.3 to decide application of the petitioner dated 10.5.2024 for the implementation of order dated 30.12.2023 passed by the respondent no. 2 in proceedings under Section 207 of the U.P. Revenue Code, 2006 (in short 'the Code, 2006) bearing case no. 00776 of 2019 (Computer Case No.C201907000000776; Ramlal Vs. Deo Nath & others) within some stipulated period. 4. Learned counsel for the petitioners submits that contesting private respondents had already filed application under Section 38 (2) of the U.P. Revenue Code, 2006 for mutation and the said application was dismissed vide order dated 1.7.2019 and after being aggrieved the aforesaid order they also filed an appeal under Section 207 of the Code, 2006, which was also dismissed vide order dated 30.12.2023. Learned counsel for the petitioners further submitted that order passed by the both the courts below had attained its finality and no proceedings against the aforesaid two orders is pending before the higher forum. The petitioner has moved an application under Section 38 (6) of the U.P. Revenue Code, 2006, which is still pending.. 5. Learned counsel for the petitioners submits that there is provision for issuance of a direction under Section 36 (6) of the U.P. Revenue Code Rules, 2016 to the competent authority to make endeavour to conclude the proceeding for correction under section 38 of the U.P. Revenue Code, 2006. The provisions of Section 36 (6) of the U.P. Revenue Code Rules, 2016 is quoted hereinbelow:- "36. Correction of error or omission (Section 38). (1) xxxxxxx (2) xxxxxxx (3) xxxxxxxx (4) xxxxxxx (5) xxxxxxx" (6) An endeavor shall be made to conclude the proceeding for correction under section 38 within the period of 45 days from the date of receiving the application with the report and if the proceeding is not concluded within such period the reasons for the same shall be recorded. (7) xxxxxxxxxxx 6. Learned Additional Chief Standing Counsel does not dispute the aforesaid legal position. 7. Writ petition is accordingly disposed of with a direction to opposite party no.3 to decide the aforesaid application pending before him within a period of 45 days from the date of receipt of a certified copy of this order, in accordance with law, after hearing all parties concerned. [Brij Raj Singh, J.] . Order Date :- 24.1.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad