Smt. Sawaria v. State of U.P. and 5 Others

Court No. - 51 Case :- WRIT - C No. - 39249 of 2023 Petitioner :- Smt. Sawaria Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Omkar Nath Rai Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.

¶1Learned counsel for the petitioner is permitted to make necessary correction in the prayer clause.

¶2Heard Mr. Omkar Nath Rai, learned counsel for the petitioner, Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents.

3.The instant writ petition has been filed praying for a mandamus directing respondent no. 2 / Tehsildar, Tehsil Tamkuhiraj, District Kushinagar to decide the Case No. 9058 of 2018 Computerized Case No. T201805440309058 (Gayatri Devi vs. Sawaria) under Section 34 of U.P. Land Revenue Act, within stipulated period.

¶4Learned counsel for the petitioner submitted that the aforesaid mentioned mutation proceeding is pending since 2018. He further submitted that in appeal the mater has been remanded and now the proceeding is pending before the respondent no. 2 Tehsildar Tehsil Tamkuhiraj, District Kushinagar. He further placed certified copy of the order-sheet which has been annexed as annexure-4 to the writ petition in order to demonstrate the matter is not proceeding expeditiously.

¶5Considering the facts and circumstances of the case, the instant writ petition is finally disposed of with a direction to respondent No.2 / Tehsildar, Tehsil Tamkuhiraj, District Kushinagar to conclud the aforementioned proceedings in accordance with law expeditiously and preferably within a period of two months from the date of production of certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties. Order Date :- 16.11.2023 Manoj High Court of Judicature at Allahabad