Shubhawati Devi v. State of U.P. and 5 Others

Court No. - 51 Case :- WRIT - C No. - 39274 of 2023 Petitioner :- Shubhawati Devi 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.

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-Tamkuhiraj, District-Kushinagar to decide the Case No.8078 of 2021 computerized Case No. T202105440308078 (Smt. Shubhawati Devi Vs Basuki Nath and others) under Section 35 of U.P. Revenue Code, 2006 within stipulated period.

¶3Learned counsel for the petitioner submitted that the aforementioned mutation case is pending since 01.11.2021 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 expeditiously.

¶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-Tamkuhiraj, District-Kushinagar 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