Sunita Devi v. State of U.P. and Another

Court No. - 38 Case :- WRIT - C No. - 35495 of 2023 Petitioner :- Sunita Devi Respondent :- State of U.P. and Another Counsel for Petitioner :- Brij Kishore Pandey Counsel for Respondent :- C.S.C. Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Brij Kishore Pandey, 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 Tehsildar, Tehsil Pindra, District Varanasi to decide the Mutation Suit No. 7157 of 2020 Computer Case No. T-202014700207157 (Sunita Devi Vs. Bullur @ Bullar) under Section 34/35 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 2020 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 Tehsildar, Tehsil Pindra, District Varanasi 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 Tehsildar, Tehsil Pindra, District Varanasi seized with the Mutation Suit No. 7157 of 2020 Computer Case No. T-202014700207157, under Section 34/35 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 Gaurav High Court of Judicature at Allahabad