Mohd. Jamil Shaikh v. State of U.P. Thru. Prin. Secy. Revenue Lko. and 2 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5670 of 2023 Petitioner :- Mohd. Jamil Shaikh Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 2 Others Counsel for Petitioner :- Akash Deep Singh,Anand Kumar Yadav 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:- "(i) To order or direction in the nature commanding the opposite party no.2/Tehsildar, Rudauli, Ayodhya may be directed to expedite and decide the Case under section 34/35 of U.P.R.C., 2006, entitled as Mohd. Jamil Sheikh Versus Ram Awadh expeditiously which was pending since

02.09.2021 expeditiously as early as possible in the interest of justice." Considering the fact that the case in issue relates to mutation and 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, the present petition is disposed of with a direction to the respondent No. 2 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