Suresh Singh v. State of U.P. and 12 Others

Court No. - 51 Case :- WRIT - C No. - 42009 of 2023 Petitioner :- Suresh Singh Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Omkar Nath Rai Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.

¶1Heard learned counsel for the petitioner and Mr. Sridhar Tripathi, learned Standing Counsel for the State-respondents.

¶2The instant petition has been filed for mandamus directing the respondent no.2 i.e. Tahsildar, Tahsil-Tamkuhiraj, District-Kushinagar to decide the Case No.08242 of 2018, Computerized Case No.T201805440308242 (Raja Lal and Others vs. Mu. Mugali), under Section 34 of U.P. Land Revenue Act, 1901 / Section 35 of U.P. Revenue Code, 2006 within stipulated period.

¶3Learned counsel for the petitioner submitted that the aforementioned mutation case is pending before respondent no.2 since long. He further submitted that the copy of order sheet of the case has been annexed as Annexure No.4 to the 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.

¶4Without expressing any opinion on merits of the case and keeping in view of the facts and circumstances, respondent no.2 is directed to decide the aforementioned case on merits after giving an opportunity of hearing to the parties in accordance with law expeditiously preferably within a period of two months from the date of production of certified copy of this order before him.

¶5Accordingly, the writ petition is finally disposed of. Order Date :- 6.12.2023 Rameez High Court of Judicature at Allahabad