Phool Kali v. Nayab Tehsildar, Tehsil Kunda, Pratapgarh and Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5877 of 2023 Petitioner :- Phool Kali Respondent :- Nayab Tehsildar, Tehsil Kunda, Pratapgarh And Others Counsel for Petitioner :- Jay Prakash Singh Vats 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:- "1. Issue a order or direction in the nature of Mandamus, commanding and directing the opp. party no.1 to decide the mutation application bearing no.637 of 2011, "Phool Kali Vs. Smt. Sampati" under section 34 of Land Revenue Act, relate to land Gata No.271 area 0.073 hectare, in which half part of said land mentioned in the sale deed, which is situated at Village-Sarai Saiyad Khan (Bhadari), Pargana-Bihar, Tehsil Kunda, District-Pratapgarh, pending before the court of opp. party no. 1, within stipulated time, in the interest of justice." In view of the settled principles of law that mutation proceedings being summary in nature, should preferably be decided expeditiously and the present petition is pending since 2011, this Court is of the view 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/Tehsildar, Biksput Ayodhya to consider and decide the pending proceedings of Mutation Case No. 637 of 2011 (Phool Kali Vs. Smt. Sampati), 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 :- 9.11.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench