Kamlesh Kumar v. Naib Tahsildar, Pergana Manikpur, Tahsil Kunda, Pratapgarh and 3 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5577 of 2023 Petitioner :- Kamlesh Kumar Respondent :- Naib Tahsildar, Pergana Manikpur, Tahsil Kunda, Pratapgarh And 3 Others Counsel for Petitioner :- Dileep Singh Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. In view of order proposed to be passed, issuance of notice to the private-respondents is hereby dispensed with. By means of this petition, the petitioner seeks expeditious disposal of recall application preferred in Case No.06245/2023, Computerized Case No. T202302570106245 (Sunder Lal and others vs. Chhedi Lal and others), filed under Section 34 of the U.P. Revenue Code, 2006, which is pending before the respondent No. 1/Naib Tahsildar, Pergana Manikpur, Tahsil Kunda, Pratapgarh. Taking note of the fact that the case in issue is pending since 2021 and initially the same was instituted under Section 34 of U.P. Revenue Code, 2006 (in short "Code of 2006") and mutation proceedings are summary in nature and being so, the same ought to have been decided expeditiously, the present petition is disposed of with a direction to the respondent No.1 to consider and decide the application, in issue, 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 there is no other legal impediment in this regard. It is made clear that the 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 :- 1.11.2023 Arun/- High Court of Judicature at Allahabad, Lucknow Bench