Nisar Ahmad v. State of U.P. Thru. Tehsildar Utraula , Balrampur and Another

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5730 of 2023 Petitioner :- Nisar Ahmad Respondent :- State Of U.P. Thru. Tehsildar Utraula , Balrampur And Another Counsel for Petitioner :- Anchal Shukla 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-respondent(s) is hereby dispensed with. By means of this petition, the petitioner has sought the following main relief:- "(a) Issue the order or direction commanding the Respondent No. 1 to decide the Case No. T202308100304986 Abdul Hannan Vs Niyaz Ahmad clubbed with the Original Case No. 1737 of 2007 Nisar Ahmad Vs Niyaz Ahmad filed U/S 34 of the U.P Land Revenue Act, 1901 as contained in Annexure No. 1 to the petition." Considering the age of petitioner i.e. 67 years as also the period of pendency of the case, in issue, and the fact that 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 case, 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 :- 7.11.2023 Arun/- High Court of Judicature at Allahabad, Lucknow Bench