Manorama Devi v. State of U.P. and 4 Others

Court No. - 38 Case :- WRIT - C No. - 33308 of 2023 Petitioner :- Manorama Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Yakub Ali Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Yakub Ali, 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, Tehsildar, Tehsil Hata, District Kushinagar to decide Case No.RST/3419/2015 and computerized Case No.T20150544023419 dated 05.11.2015 (Manorama Devi v. Thakur), under Section 34 of the L.R. Act, 1901 within the stipulated period of time.

¶4It is contended by learned counsel for the petitioner that mutation proceedings were initiated in the year 2015 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 L.R. Act, 1901 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, Tehsildar, Tehsil Hata, District Kushinagar 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, Tehsildar, Tehsil Hata, District Kushinagar seized with the Case No.RST/3419/2015 and computerized Case No.T20150544023419 dated 05.11.2015 (Manorama Devi v. Thakur), under Section 34 of the L.R. Act, 1901 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