Shiv Lal Maurya v. Sub Divisional Magistrate, Unnao and 2 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5258 of 2023 Petitioner :- Shiv Lal Maurya Respondent :- Sub Divisional Magistrate, Unnao And 2 Others Counsel for Petitioner :- Sarvesh Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. In view of the order proposed to be passed by this Court, notice to the private-respondents is dispensed with. The present petition has been filed for the following main relief:- "(i) Issue a order or direction in the nature of commanding the opposite party no.2 to decide the suit no. 00233 of 2018 in the interest of justice." It is stated that as per Rule 34(7) of U.P. Revenue Code Rules, 2016 made under the U.P. Revenue Code, the mutation proceedings being summary in nature, ought to have been decided preferably within 45 days if there is no dispute and if there is dispute, the same ought to have been decided preferably within 90 days. However, the proceedings which were initiated by the petitioner in the year 2018, have not been concluded till date. In these circumstances, the indulgence of this Court is required. 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 standing counsel submits that he has no objection in case an expedite order is passed. Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending. Accordingly, in the ends of justice the respondent No.-2/Tehsildar, Tehsil Hasanganj, District Unnao is directed to consider and decide the pending proceedings of Case No. 00233 of 2018 (Mayaram Versus Smt. Raani) most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within three months from the next date fixed before it, if there is no other legal impediment in this regard. It is made clear that the Court has not examined the case of either of the parties 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 :- 16.10.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench