Malti v. State of U.P. and 3 Others

Court No. - 51 Case :- WRIT - C No. - 42890 of 2023 Petitioner :- Malti Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Bilas Prasad Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.

¶1Heard Counsel for the petitioner and Mr. S.P. Singh, learned Additional Chief Standing Counsel for the State-respondents.

¶2The instant writ petition has been filed for the following relief:- " Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no.2, Tehsildar, Tehsil Sadar, District Mau to decide the case No. T202315510107364/ 3444, Malti Vs. Sukhram under Section 34 of U.P. Land Revenue Code, 2006 pending before the respondent no.2 (Annexure No.1 with the writ petition) within stipulated period."

¶3Counsel for the petitioner submitted that the aforesaid mutation application filed on behalf of the petitioner is pending even after expiry of more than 3 months. He further submitted that Rule 34 (7) of U.P. Revenue Code Rules, 2016 provides for disposal of contested mutation proceeding within period of 90 days.

¶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 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 Mau to consider and decide the aforementioned mutation 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 :- 13.12.2023 Vandana Y. High Court of Judicature at Allahabad