Rajendra Prasad Yadav v. State of U.P. and 3 Others

Court No. - 38 Case :- WRIT - C No. - 33314 of 2023 Petitioner :- Rajendra Prasad Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Uday Singh Counsel for Respondent :- C.S.C. Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Uday Singh, 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.2, Nayab Tehsildar, Tehsil Soran, District Prayagraj to decide Case No. 13808 of 2022 (Computerized Case No.T202202030313808) (Rajendra Prasad Yadav v. Ram Dulari), under Section 34 of the U.P. Revenue Code, 2006 within the stipulated period of time.

¶4It is contended by learned counsel for the petitioner that mutation proceedings were initiated in the year 2022 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.2, Nayab Tehsildar, Tehsil Soran, District Prayagraj 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.2, Nayab Tehsildar, Tehsil Soran, District Prayagraj seized with the Case No. 13808 of 2022 (Computerized Case No.T202202030313808) (Rajendra Prasad Yadav v. Ram Dulari), under Section 34 of the U.P. Revenue Code, 2006 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