Maina Devi v. State of U.P. and 7 Others

Court No. - 51 Case :- WRIT - C No. - 41482 of 2023 Petitioner :- Maina Devi Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Munna Tiwari Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.

1.Heard Counsel for the petitioner and Mr. Mridul Kumar, learned Standing Counsel for State-respondents.

2.The instant writ petition has been filed praying for a mandamus directing Respondent No.2/ Naib Tehsildar, Tehsil-Khorabar, District-Gorakhpur to decide the Mutation Case No.194 of 2023 bearing Computer Case No.T202305310300194 (Maina Devi Vs. Falli) under Section 35 of U.P. Revenue Code, 2006 within stipulated period.

¶3Learned counsel for the petitioner submitted that the aforementioned case is pending since 22.02.2023 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-Khorabar, District-Gorakhpur to consider and decide the aforementioned 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 :- 2.12.2023 PS* High Court of Judicature at Allahabad