Nand Kumari v. State of U.P. and 3 Others

Court No. - 49 Case :- WRIT - C No. - 27031 of 2023 Petitioner :- Nand Kumari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awadh Narain Rai,Sanjay Singh Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. Heard Shri Awadh Narain Rai, learned counsel for the petitioner and Shri Awadhesh Kumar Patel, learned Standing Counsel for the State-respondents. The present writ petition has been filed for the following relief:- "Issue an order or direction in the nature of mandamus directing respondent No. 3 to conclude the mutation proceedings No. 99/141 of 202 in pursuance of order dated 20.11.2014 passed by Additional Commissioner (Judicial), Azamgarh Region Azamgarh (Annexure No. 4) by passing appropriate order within specific time, in the interests of justice, in accordance with law." Learned counsel for the petitioner has placed before this Court a copy of information received in the form of question-answer from the court of Tehsildar Bairia district Ballia, that shown that the proceedings bearing Computerized Case No. T202315090504679, Case No. 385/20.11.2004, under Section 33/34 of the L.R. Act, 1901 is pending. Learned Standing Counsel submits that he has no objection to the extent that a direction is issued by this Court for expeditious disposal of the above mentioned case No. 385/20.11.2004 within stipulated period as to be fixed by this Court. In view of the aforesaid facts that the mutation proceedings under Section 33/34 of the Land Revenue Act, 1901 is pending since 2004. This Court, without adverting on merits of the case and with the consent of the parties deems it appropriate to finally dispose of the present writ petition with a direction to Sub Divisional Magistrate, Tehsil Bairiya, district Ballia (respondent No. 3), before whom the aforementioned matter is pending, to decide the proceedings of Computerized Case No. T202315090504679, Case No. 385/20.11.2004, under Section 33/34 of the L.R. Act, 1901, strictly in accordance with law, by a reasoned and speaking order on merit after affording opportunity of hearing to the parties concerned, expeditiously and preferably within a period of three months from the date of receipt of a certified copy of this order, unless there is any legal impediment. It is further directed that no unnecessary adjournments will be granted to either of the parties. With the aforesaid direction, the present writ petition is disposed of. Order Date :- 19.10.2023 Sumaira High Court of Judicature at Allahabad