Smt. Phool Kumari @ Phoolmati v. The Tahsildar (Judicial), Tahsil Kunda, Pratapgarh and Another

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5049 of 2023 Petitioner :- Smt. Phool Kumari @ Phoolmati Respondent :- The Tahsildar (Judicial), Tahsil Kunda, Pratapgarh And Another Counsel for Petitioner :- P.K. Singh Bisen,V.P. Singh Bisen Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. By means of this petition, the petitioner seeks expeditious disposal of Case No. 47/2009-2010, Computerized Case No. T200902571168 (Phoolmati vs. Ramfer), filed under Section 34 of the U.P. Land Revenue Act, 1901, which is pending before the respondent No. 1/ Tahsildar (Judicial), Tahsil Kunda, District Pratapgarh . It is stated that the mutation proceedings are summary in nature and being so, the same ought to have been decided expeditiously. However, in the instant case, the proceedings of mutation are pending since 2009 and on account of pendency of the same, the petitioner, who is a lady aged about 60 years, is suffering great hardship and mental agony. In these circumstances, the indulgence of this Court is required. The prayer is to expedite the said pending proceedings. It is further submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the matter has not yet been decided. Learned State counsel submits that he has no objection in case an expedite order is passed. Considering the facts and circumstances of the case, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is disposed of with a direction to the respondent No.1 to consider and decide the Case No. 47/2009-2010, Computerized Case No. T200902571168 (Phoolmati vs. Ramfer) most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party preferably within a period of three months from the next date fixed in the case, if possible and if there is no other legal impediment in this regard. It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 10.10.2023/Arun/- High Court of Judicature at Allahabad, Lucknow Bench