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2026 DAILYLAW 430 (ALL)

KAILASH AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

WRIC/7855/2026 · 2026-03-17

Prakash Padia

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 7855 of 2026 Court No. - 6 HON'BLE PRAKASH PADIA, J. 1. Heard learned counsel for the petitioners and perused the record. 2. In view of the order proposed to be passed herein, no useful purpose would be served by putting the opposite party to notice and keeping this petition pending before this Court. However, in case the opposite party feels aggrieved by the order his/her right to seek modification/variation of the order is being kept reserved. 3. The basic relief sought by the petitioners in the present writ petition is to direct the Tehsildar, Tehsil and District Deoria to decide the Case No.7799 of 2021 (Computerized Case No.T202105200107799) under Section 34/35 of U.P. Revenue Code, 2006 within stipulated period. 4. It is argued by the counsel for the petitioners 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 20 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. It is further argued that though the aforesaid period has already been lapsed but till date no final decision has been taken in the matter, hence the present writ petition. 6. In the facts and circumstances of the case, the present writ petition is disposed of finally directing the Tehsildar, Tehsil and Versus Counsel for Petitioner(s) : Amitesh Pati Tripathi, Shivanand Mani Tripathi Counsel for Respondent(s) : C.S.C. Kailash And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) District Deoria to decide the aforesaid case as per the provisions contained under sub-rule (7) of Rules 34 of the U.P. Revenue Code Rules, 2016, unless there is no legal impediment. (Prakash Padia,J.) March 18, 2026 Swati WRIC No. 7855 of 2026 2 Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad