Ashutosh @ Ashutosh Mishra v. State of U.P. and 5 Others

Court No. - 38 Case :- WRIT - C No. - 35469 of 2023 Petitioner :- Ashutosh @ Ashutosh Mishra Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ram Kesh Counsel for Respondent :- C.S.C. Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Ram Kesh, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

¶2Considering the nature of the controversy involved in the present writ petition, the service of notice upon the private respondents are being dispensed with.

¶3The limited prayer made by the petitioner in the present writ petition is for issuance of an appropriate direction to the respondent No.3 to decide Case No. 1700/2023 as Computer Case No.T202315060601700 (Ashutosh @ Ashutosh Mishra v. Ram Uday and another), under Section 35 of the U.P. Land Revenue Act within the stipulated period of time.

¶4It is contended by learned counsel for the petitioner that mutation proceedings were initiated in the year 2023 and till date the same has not been brought to its logical end.

¶5Learned counsel for the petitioner has also invited the attention of the Court towards the provisions of the U.P. Revenue Code, 2006 and submits that mutation proceedings are required to be decided at the earliest and the statute provided that such proceedings should be brought to its logical end within a period of 90 days. He submits that period of 90 days has since been expired and, therefore, appropriate directions be issued to the respondent No. 3 to decide the proceedings.

¶6Considering the innocuous prayer made by the petitioner for expeditious disposal of the mutation proceedings and also taking into consideration the fact that the period provided under the statute has since been expired, the writ petition is disposed of by requiring the respondent No. 3 seized with the Case No. 1700/2023 as Computer Case No.T202315060601700 (Ashutosh @ Ashutosh Mishra v. Ram Uday and another), under Section 35 of the U.P. Land Revenue Act to consider and decide the same expeditiously without giving any unnecessary adjournment to either of the parties within a period of three months from the date of service of certified copy of this order, strictly in accordance with law. Order Date :- 13.10.2023 A.N. Mishra High Court of Judicature at Allahabad