Rajkaran @ Rajkaran Yadav v. Nayab Tahsildar, Tahsil Jalalpur, Ambedkar Nagar and Another

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5418 of 2023 Petitioner :- Rajkaran @ Rajkaran Yadav Respondent :- Nayab Tahsildar, Tahsil Jalalpur, Ambedkar Nagar And Another Counsel for Petitioner :- Vishal Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. At the very outset, learned Counsel for the petitioner stated that there is typographical error with regard to statutory provision in the memo of petition and he may be permitted to correct the said mistake. To the aforesaid, learned Standing Counsel has no objection. Accordingly, learned Counsel for the petitioner is permitted to correct the same, during the course of the day. 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:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to:- Directing the opposite party no. 1 to expeditiously decide the Case No. T201804040201446, (Rajkaran Yadav and others versus Ajor) filed under section 34 of U.P Land Revenue Act 1901, within the stipulated time which is pending before the opposite party no. 1 since 13.07.1994, in the interest of justice." It is stated that the mutation proceedings are summary in nature and being so, the same ought to have been decided expeditiously. It is further stated that in the law applicable w.e.f. 11.02.2016 namely Rule 34(7) of U.P. Revenue Code Rules, 2016 made under the U.P. Revenue Code, 2006, the limitation has been prescribed for deciding the mutation case as per which 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, the proceedings which were initiated in the year 1994, have not been concluded till date and on account of pendency of the same, the petitioner 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 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 rather ends of justice can be served by directing the respondent No.-1/Naib Tehsildar, Tehsil Jalalpur, District Ambedkar Nagar to consider and decide the pending proceedings of Case No. T201804040201446, (Rajkaran Yadav and others versus Ajor) most expeditiously, after affording full opportunity of hearing to the parties, but without granting any adjournment to either of the parties preferably within a period of three months from the next date fixed in the matter, 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 :- 19.10.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench