Smt. Sairunnisha and Another v. State of U.P. and 2 Others

Court No. - 51 Case :- WRIT - C No. - 41335 of 2023 Petitioner :- Smt. Sairunnisha And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Harish Kumar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.

¶1Heard Mr. Harish Kumar Tripathi, Counsel for the petitioners and learned Standing Counsel for State-respondents.

¶2The instant writ petition has been filed praying for a mandamus directing respondent No.2, Tehsildar, Tehsil Sadar, District Maharajganj to decide the case No. 107/2017, Computerized case No. T201705475201107 (Sairunnisha another Vs. Mohd. Haneef) under Section 34 of U.P. Revenue Code, 2006 within stipulated period.

¶3Counsel for the petitioner submitted that the aforementioned mutation case is pending since 6.3.2017. He further submitted that due to the act of the private respondent no.3, the proceeding has been delayed.

¶4Copy 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 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 Sadar, District Maharajganj to consider and decide the aforementioned mutation case 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.

¶6Counsel for the petitioner is permitted to make necessary correction in the prayer clause of the writ petition during course of the day. Order Date :- 7.12.2023/ Vandana Y. High Court of Judicature at Allahabad