Smt. Shaila Rai v. State of U.P. and 3 Others

Court No. - 51 Case :- WRIT - C No. - 39260 of 2023 Petitioner :- Smt. Shaila Rai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinay Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.

1.Heard Counsel for the petitioner and Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents.

2.The instant writ petition has been filed praying for a mandamus directing respondent No.2/ Naib Tehsildar, Tehsil-Ghanghata, Disyrict-Santkabir Nagar to decide mutation Case No. 4985 of 2022 computerized Case No. T202217650104985 (Smt.Shaila Rai Vs. Kripashanker) within stipulated period.

¶3Learned counsel for the petitioner submitted that mutation case at the instance of the petitioner under Section 34 of U.P. Revenue code, 2006 is pending since 29.09.2022 for adjudication. He further placed certified copy of the order sheet, which has been annexed as Annexure No.3 to the writ petition in order to demonstrate that the case is not proceeding, according to the provisions contained under Rule 34 (7) of U.P. Revenue Code, Rules 2016.

¶4Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to respondent No.2/ Naib Tehsildar, Tehsil-Ghanghata, District-Santkabir Nagar to consider and decide the aforementioned mutation case in accordance with law expeditiously and preferably within a period of three 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 PS* High Court of Judicature at Allahabad