Siddharth Kannaujiya v. State of U.P. and 3 Others

Court No. - 51 Case :- WRIT - C No. - 42262 of 2023 Petitioner :- Siddharth Kannaujiya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Chandra Kumar Rai,J.

¶1Heard learned counsel for the petitioner, Mr. Sanjay Kumar Srivastava, learned State Law Officer for the State-respondents and Mr. Sudhir Bharti, learned counsel for the respondent-Gaon Sabha.

¶2The instant petition has been filed for mandamus directing the respondent no.2 i.e. Nayab Tahsildar, Tahsil-Hata, District-Kushinagar to decide the Case No.3817 of 2022, Computerized Case No.T202205440203817 (Siddharth Kannaujiya vs. Smt. Indravati Devi), 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 22.7.2022 and opposite party has put in appearance in the case. He further submitted that copy of the 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 three months from the date of production of certified copy of this order before him.

¶5Accordingly, the writ petition is finally disposed of. Order Date :- 7.12.2023 Rameez High Court of Judicature at Allahabad