Smt. Rajeshwari v. Tehsildar, Tehsil Sader, Ayodhya and Others

Court No. - 20 Case :- MATTERS UNDER ARTICLE 227 No. - 5964 of 2023 Petitioner :- Smt. Rajeshwari Respondent :- Tehsildar, Tehsil Sader, Ayodhya And Others Counsel for Petitioner :- Surya Prakash Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.

¶1Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite party no.1.

¶2In view of order being proposed to be passed, notices to opposite parties no.2 and 3 stand dispensed with.

¶3Petition under Article 227 of the Constitution of India has been filed seeking a direction to the Court concerned for expeditious disposal of application filed by petitioner under Section 34 of the U.P. Revenue Code, 2006.

¶4It is submitted that petitioner had filed the aforesaid application for mutation on the basis of succession on

17.10.2020 and in which opposite parties have already put in appearance on 04.02.2021 itself but despite the aforesaid proceedings being summary in nature, they are yet pending consideration for which expedite order required to be passed.

¶5Considering submissions advanced by learned counsel for petitioner and perusal of the material available on record, it is evident that application under Section 34 of the Revenue Code, 2006 is pending consideration for quite some time. The said proceedings being summary in nature are required to be adjudicated at the earliest and therefore opposite party no.1 i.e. Tehsildar, Tehsil Sadar, District Ayodhya is directed to decide the Mutation Case No.7458 of 2020 "Smt. Rajeshwari versus Uma Shankar and Ors." under Section 34 of U.P. Revenue Code, 2006 expeditiously, preferably within a period of three months from the date a certified copy of this order is produced before authority concerned in case there is no legal impediment.

¶6It is needless to observe that the petitioner and his local counsel shall cooperate in the earlier disposal of the Mutation Case. In case of non-cooperation, benefit of this order shall not be available to the petitioner.

¶7With the aforesaid observation, the petition stands disposed of. Order Date :- 24.11.2023 Subodh/- High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench