Ram Adhar v. The Court of Nayab Tehsildar, Tehsil Raebareli, Raebareli and Another

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5854 of 2023 Petitioner :- Ram Adhar Respondent :- The Court Of Nayab Tehsildar, Tehsil Raebareli, Raebareli And Another Counsel for Petitioner :- Vijay Kumar 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 is dispensed with. The present petition has been filed for the following main relief:- "(i) direct the Opposite Party No. 1 i.e. The court of Learned Nayab Tehsildar, South, Tehsil Raebareli, District Raebareli to decide the Mutation case No. 118/138/114/279/482 of 2004-2005 computerized T20141058031939; (Chauba Devi Vs Bhagauti), Under Section 34 of U.P. Revenue Code, 1901, expeditiously as this Hon'ble Court may deemed fit which is pending before Opposite Party No. 1 since 2004-2005, (contained in Annexure No.1 to this petition), in the interest of justice." It is stated that the mutation proceedings are summary in nature and being so, the same ought to have been decided expeditiously. It is further stated that as per law applicable w.e.f.

11.02.2016 namely Rule 34(7) of U.P. Revenue Code Rules, 2016 made under the U.P. Revenue Code, 2006, the limitation has been prescribed for deciding the mutation case as per which 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, the proceedings which were initiated in the year 2004, have not been concluded till date and on account of pendency of the same, the petitioner is suffering great hardship and mental agony. In these circumstances, the indulgence of this Court is required. The prayer is to expedite the said pending proceedings. It is further submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the matter has not yet been decided. 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. Accordingly, the present petition is disposed of with direction to respondent no.1/Nayab Tehsildar, South, Tehsil Raebareli, District Raebareli to consider and decide the pending proceedings of case(s), mentioned in the prayer clause, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any adjournment to either of the parties preferably within a period of three months from the next date fixed in the matter, 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 :- 9.11.2023/Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench