Pardeshi v. State of U.P. and 2 Others

Court No. - 51 Case :- WRIT - C No. - 40675 of 2023 Petitioner :- Pardeshi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bhriguram Ji,Nilesh Kumar Dubey,Shashi Shekhar Maurya Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.

¶1Heard Counsel for the petitioner and learned Standing Counsel for State-respondents.

¶2The instant writ petition has been filed praying for a mandamus directing respondent No.2, Tehsildar, Tehsil Hata, District Kushinagar to decide the case No. 3746 of 2021, Computerized case No. T202105440203746 under Section 35 of U.P. Revenue Code, 2006 within stipulated period.

¶3Counsel for the petitioner submitted that the aforesaid mutation proceeding is pending before respondent no.2 in spite of expiry of more than two years.

¶4Certified copy of the order sheet has been annexed as Annexure No.2 to the writ petition in order to demonstrate that the case is not proceeding according to the provisions contained under Rule 34 (7) of the U.P. Revenue Code, Rules 2016.

¶5Considering 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, Tehsildar, Tehsil Hata, District Kushinagar to consider and decide the aforementioned mutation proceeding 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 :- 28.11.2023/ Vandana Y. High Court of Judicature at Allahabad