Sudha v. Tehsildar Tehsil Akbarpur Distt Ambedkar Nagar

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5733 of 2023 Petitioner :- Sudha Respondent :- Tehsildar Tehsil Akbarpur Distt Ambedkar Nagar Counsel for Petitioner :- Brij Bhushan Singh,Pranjal Apurva,Sandeep Kumar Mishra Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J.

¶1Heard.

¶2In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.

¶3By means of this petition, the petitioners seek expeditious disposal of Case No.05695 of 2022 filed under Section 34 of the U.P. Revenue Code, 2006 which is pending before the respondent No. 1.

¶4Taking note of the fact that the mutation case, as per Rule 34(7) of the U.P. Revenue Code Rules, 2016 made under the U.P. Revenue Code, 2006, being summary in nature, should be decided preferably within 45 days if there is no dispute and if there is dispute, the same shall be decided within 90 days and in the instant case, the mutation case instituted under Section 34 of U.P. Revenue Code, 2006 is pending since 25.10.2022 as also that learned State counsel has no objection in case an expedite order is passed, this Court is of the view that no fruitful purpose will be served in keeping this petition pending.

¶5Accordingly, this petition is disposed of with a direction to the respondent No.1-Tehsildar, Tehsil - Akbarpur, Division - Ayodhya District Ambedkar Nagar to consider and decide Case No. 05695 of 2022, 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.

¶6It 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.

¶7With the aforesaid, the petition is disposed of. Order Date :- 7.11.2023/Mohit Singh/- High Court of Judicature at Allahabad, Lucknow Bench