Smt. Noor Jahan v. Tehsildar, Tehsil-Sohawal, Ayodhya and 3 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5597 of 2023 Petitioner :- Smt. Noor Jahan Respondent :- Tehsildar, Tehsil-Sohawal, Ayodhya And 3 Others Counsel for Petitioner :- Ajay Kumar Pandey,Gitika Mishra Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. In view of the order proposed to be passed by this Court, notice to the private-respondents No.2 to 4 is dispensed with. By means of the instant petition, the petitioners seek expeditious disposal of Case No.604 of 2016, Computerized Case No.T-2016042302604, (Noor Jahan vs. Raj Kumari Singh and another), under Section 34/35 of the U.P. Revenue Code, 2006 pending before the respondent No.1. 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 April, 2015. In these circumstances, indulgence of this Court is required in the matter. The prayer is to expedite the proceedings of pending case. 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-Tehsildar, Tehsil-Sohawal, District-Ayodhya, to consider and decide the pending proceedings of Case No.604 of 2016, Computerized Case No.T-2016042302604, (Noor Jahan vs. Raj Kumari Singh and another), most expeditiously, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties 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. 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 :- 1.11.2023/Raj High Court of Judicature at Allahabad, Lucknow Bench