Shyam Lal v. State of U.P. Thru. District Magistrate, Pratapgarh and 3 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5351 of 2023 Petitioner :- Shyam Lal Respondent :- State Of U.P. Thru. District Magistrate, Pratapgarh And 3 Others Counsel for Petitioner :- Dharmendra Gupta Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. At the very outset, learned counsel for the petitioner says that there is typographical error in the present petition with regard to statutory provision and he may be permitted to correct the same during course of the day. The prayer aforesaid has not opposed by the side opposite. Accordingly, learned counsel for the petitioner is permitted to correct the prayer clause during course of the day. Heard. 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 petitioners seek expeditious disposal of Case No. RST/06145/2018 (Computerized Case No. T201802570106145) filed under Section 34 of the Land Revenue Act, 1901 which is pending before the respondent No.2. Taking note of the fact that the mutation case, as per Rule 34(7) of the U.P. Revenue Code Rules, 2016 made under the U.P. Revenue Code, 2006, being summary in nature, should be decided preferably within 45 days if there is no dispute and if there is dispute, the same shall be decided within 90 days and in the instant case, the mutation case instituted under Section 34 of U.P. Revenue Code, 2006 is pending since 10.10.2019, this Court is of the opinion that no gainful purpose will be served in keeping the present petition pending. Learned State counsel and Shri Pankaj Gupta, learned counsel for Gram Sabha submit that they have 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.2-Tehsildar, Tehsil Kunda, Pratapgarh to consider and decide Case No. RST/06145/2018, 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 this 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 :- 18.10.2023 Mohit Singh/- ..............................................(Saurabh Lavania,J.) High Court of Judicature at Allahabad, Lucknow Bench