Teeha Devi v. State of U.P. and 4 Others

Court No. - 51 Case :- WRIT - C No. - 41305 of 2023 Petitioner :- Teeha Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rakesh Kumar Upadhyay Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Chandra Kumar Rai,J.

1.Heard learned counsel for the petitioner, Mr. Abhinav Ojha, learned Standing Counsel for the State-respondents and Mr.Sudhir Bharti, learned counsel for respondent No.3/ Land Management Committee.

2.The instant writ petition has been filed for the following relief: "(i) to issue a writ order or direction in the nature of mandamus directing to respondent No.2 to decide the Case No. 09337 of 2018 as well as computerized Case No.T 201805200109337 (Baikunth Vs. Gorakh Tiwari) under Section 34/35 of U.P. Revenue Code, 2006 forthwith."

¶3Learned counsel for the petitioner submitted that the aforementioned mutation case under Section 34/35 of U.P Revenue Code, 2006 is pending for last more than 15 years. He further submitted that matter was remanded back by the appellate court in the year 2002 and the order was maintained by this Court while dismissing the writ petition filed at the instant of the private respondents. He further submitted that appropriate direction be issued for expeditious disposal for pending case. He further placed certified copy of the order sheet, which has been annexed as Annexure No.4 to the writ petition in order to demonstrate that the case is not proceeding expeditiously.

¶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/ Tehsildar, tehsil and District-Deoria to conclude 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. Order Date :- 14.12.2023 PS* High Court of Judicature at Allahabad