Mohna v. Naib Tehsildar Amaniganj, Tehsil-Milkipur, Ayodhya and Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5495 of 2023 Petitioner :- Mohna Respondent :- Naib Tehsildar Amaniganj, Tehsil-Milkipur, Ayodhya And Others Counsel for Petitioner :- Ram Nath 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-respondent(s) is hereby dispensed with. By means of this petition, the petitioner seeks expeditious disposal of Case No.4180 of 2022, Computerized Case No.T-202204230404180 filed under Section 34/35 of the U.P. Revenue Code, 2006 pending before the respondent No.1 Naib Tehsildar Amaniganj, Tehsil-Milkipur, District-Ayodhya. It is stated that 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 July, 2022. In these circumstances, indulgence of this Court is required in the matter. The prayer is to expedite the proceedings of pending case. 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 Naib Tehsildar Amaniganj, Tehsil-Milkipur, District-Ayodhya to consider and decide Case No.4180 of 2022, Computerized Case No.T-202204230404180, 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 :- 19.10.2023/sumit High Court of Judicature at Allahabad, Lucknow Bench