Jayram v. Nayab Tahsidar, Tahsil Sikkenderpur, Tahsil Akbarpur, Ambedkar Nagar and Another

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5043 of 2023 Petitioner :- Jayram Respondent :- Nayab Tahsidar, Tahsil Sikkenderpur, Tahsil Akbarpur, Ambedkar Nagar And Another Counsel for Petitioner :- Rakesh Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. At the very outset, learned counsel for the petitioner says that one necessary party is left to be impleaded in this petition, as such, he may be permitted to implead the same during the course of the day. The prayer aforesaid is acceded, as the same has not been opposed. In view of above, learned counsel for the petitioner is permitted to implead the said party in the memo of this petition during the course of the day. Heard learned counsel for the parties. In view of order proposed to be passed, issuance of notice to the private-respondents is hereby dispensed with. By means of this petition, the petitioner seeks expeditious disposal of Case No. T20150404014157 [Jay Ram vs. Nayab Tahsildar (Sikkenderpur) Tahsil Akbarpur], filed under Section 34 of the U.P. Land Revenue Act, 1901, which is pending before the respondent No. 1/Nayab Tahsidar, Tahsil Sikkenderpur, Tahsil Akbarpur, District Ambedkar Nagar. 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 2015 and on account of pendency of the same, the petitioner, who is aged about 70 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. T20150404014157 [Jay Ram vs. Nayab Tahsildar (Sikkenderpur) Tahsil Akbarpur] 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