Lal Bahadur v. Tehsildar Tehsil Raniganj District Pratapgarh and 7 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5753 of 2023 Petitioner :- Lal Bahadur Respondent :- Tehsildar Tehsil Raniganj District Pratapgarh And 7 Others Counsel for Petitioner :- Ashok Kumar Yadava Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard. In view of order proposed to be passed, issuance of notice to the private-respondents is hereby dispensed with. The present petition has been filed for the following main relief:- "Issue an order or direction commanding the opposite party No.1, i.e. Tehsildar, Tehsil Raniganj, District Pratapgarh to decide expeditiously the Case No. 2686/2023 (Computerized Case No. T202302570502686), "Lal bahadur Versus Ram Harakh" filed by the applicant/petitioner, under section 34 U.P. Revenue Code for mutation of his name on the basis of varasat, being legal heir (son) of late Ram Harakh @ Harkhu, regarding land Gata No. 102, 133 Ka, Situated at Village Ram nagar and Gata No. 42 situated at Village Tikaita and Gata No. 096Kha / 41 situated at Village Sarmanpur and Gata No. 492 Da situated at Village Jajapur Pargana Patti, District Pratapgarh, which is pending since year 2015, within a stipulated period framed by this Hon'ble Court, in the interest of justice, on the basis of day to day hearing." Considering the period of pendency of the case in issue as also that it is settled preposition of law that mutation case should be decided expeditiously, this Court is of the view that no fruitful purpose will be served in keeping the aforesaid petition pending. Accordingly, in the ends of justice the opposite party No.-1 is directed to consider and decide the pending proceedings of Case No. 2686/2023, Computerized Case No. T202302570502686 (Lal bahadur Versus Ram Harakh), most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, preferably within a period of three months from the next date fixed before it, if there is no other legal impediment in this regard. 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 :- 8.11.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench