Shiv Murat v. Tehsildar, Tehsil Milkipur, Ayodhya and Another

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5376 of 2023 Petitioner :- Shiv Murat Respondent :- Tehsildar, Tehsil Milkipur, Ayodhya And Another Counsel for Petitioner :- Ajay Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. In view of order proposed to be passed, issuance of notice to the private-respondents is hereby dispensed with. The present petition has been filed for the following main relief:- "a. Direct the opposite party no.1 i.e. Tehsildar, Tehsil-Milkipur, District-Ayodhya to decide the Case No.T202204230407228, namely "Lavkush V/s Seema Devi" relating to Village-Bhadokhara, Pargana-Paschim Rath, Tehsil-Milkipur, District-Ayodhya, expeditiously within a stipulated period, as fixed by this Hon'ble court, in the interest of justice." Considering the fact that the case in issue relates to mutation and as per Rule 34(7) of U.P. Revenue Code Rules, 2016 made under the U.P. Revenue Code, 2006, the mutation proceedings, being summary in nature, ought to have been decided within 45 days if there is no dispute and if there is dispute, then the same should preferably be decided within 90 days, however, in the instant case, the proceedings for mutation are pending since 2022, this Court is of the view that no gainful purpose will be served in keeping the aforesaid petition pending. Accordingly the present petition is disposed of with direction to respondent No.-1/ Tehsildar, Tehsil Milkipur, District Ayodhya to consider and decide the pending proceedings of Case No.T202204230407228 (Lavkush V/s Seema Devi), most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, preferably within a period of 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 :- 18.10.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench