Sita Ram v. State of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. and Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5826 of 2023 Petitioner :- Sita Ram Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others Counsel for Petitioner :- Nikhil Sonkar,Akhilendra Pratap Singh,Arpit Shukla 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-respondent(s) is hereby dispensed with. By means of this petition, the petitioner seeks following main relief: "issue an order or direction in the appropriate nature commanding the opposite party no.2 to decide mutation Case No.(computerised number T201404120300073) being Suit No., 1210, Sita Ram s/o Late Dwarika v. Jagpati; preferred before the Tehsildar Judicial, Fathepur, Barabanki to mutate the name in the land record as per the will under section 34/35 of L.R. Act, in respect of land having gata number 110/0.818 & 181/0205 hectares situated in Village Pantauja Post Mohammadpur Tehsil-Fatehpur, District Barabanki expeditiously, preferably within a period of three months." At the outset, learned Stading Counsel, based upon the instructions received, says that present number of the case in issue is Case No. 02211/2019 (Computerized Case No. T201904120302211, Sitaram Vs. Smt. Jagpati). Considering the aforesaid as also the period of pendency of mutation case, which as per settled principle of law, mutation proceedings should be decided expeditiously, the present petition is disposed of with a direction to the respondent No.2-Tehsildar (Judicial) Tehsil-Fatehpur, District - Barabanki consider and decide the Case No. 02211/2019, most expeditiously, after affording full opportunity of hearing to the parties to the litigation within a period of three months from the next date fixed in the case. To conclude the proceedings, he shall not avoid unnecessary adjournments in the case. It is made clear that this 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. Order Date :- 9.11.2023/Mohit Singh/- High Court of Judicature at Allahabad, Lucknow Bench