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Smt. Savitri Devi v. Nayab Tehsildar, Babhnipayar, Tehsil Mankapur, Gonda and Others

Dismiss other than merit(DD/Non Prosec./Abated)
Court
High Court of Judicature at Allahabad
Decided
30 October 2023
Bench
Saurabh Lavaniaauthor
Case no.
5546/2023

Judgment

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5546 of 2023 Petitioner :- Smt. Savitri Devi Respondent :- Nayab Tehsildar, Babhnipayar, Tehsil Mankapur, Gonda And Others Counsel for Petitioner :- Vikas Pandey,Jai Shiva Pratap 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.851 of 2012-13, Computerized Case No.T2013083072413 filed under Section 34 of the U.P. Land Revenue Act, 1901 pending before the respondent No.1. It is stated that the mutation proceedings, being summary in nature, ought to have been decided expeditiously. However, in the instant case, the proceedings for mutation are pending since June, 2013. 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-Nayab Tehsildar Babhnipayar, Tehsil-Mankapur, District-Gonda to consider and decide Case No.851 of 2012-13, Computerized Case No.T2013083072413, 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 :- 30.10.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.