Upasana Tiwari and Another v. State of U.P. Thru. Addl. Chief Secy., Revenue Deptt., Lucknow and Others

Court No. - 21 Case :- MATTERS UNDER ARTICLE 227 No. - 6287 of 2023 Petitioner :- Upasana Tiwari And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy., Revenue Deptt., Lucknow And Others Counsel for Petitioner :- Jay Prakash Singh Counsel for Respondent :- C.S.C. Hon'ble Manjive Shukla,J.

¶1Heard learned counsel appearing for the petitioners and learned Standing Counsel appearing for the Respondents No. 1 & 2.

¶2In view of the proposed order, notice to Respondent No. 3 is dispensed with.

¶3Learned counsel appearing for the petitioners has submitted that petitioners have filed a case for mutation before Tehsildar, Tehsil Jalalpur, District Ambedkar Nagar which has been registered as Mutation Case No. 761 of 2022 Computerized Case No. T202204040200761 (Upasana Tiwari and others Vs. Piyari).

¶4Learned Counsel for the Petitioners has further submitted that the aforementioned case was filed on 08.03.2022 and since then matter is pending before Respondent No. 2.

¶5Learned counsel appearing for the petitioners has argued that under Rule 34(7) of the U.P. Revenue Code Rules, 2016, it has been provided that mutation cases are to be decided within a period of 90 days.

¶6I have considered the submissions advanced by the learned counsel appearing for the petitioners and I find that Rule 34(7) of the U.P. Revenue Code Rules, 2016 provides that disputed mutation cases are to be decided within a period of 90 days. For ready reference, Rule 34(7) of the U.P. Revenue Code Rules, 2016 is extracted as under: "34 (7). The Tehsildar shall make an endeavour to decide the undisputed case of mutation within the period of 45 days from the date of the registration of the case and the disputed case of mutation within the period of 90 days and if the proceeding is not concluded within such period the reason for the same shall be recorded."

¶7Since there is provision under Rule 34 (7) of U.P. Revenue Code Rules, 2016 for deciding the cases of mutation within the stipulated period, therefore, it was obligatory upon the Respondent No. 2 to make earnest endeavour to decide the case of the petitioner within the time stipulated in the aforementioned Rule 34 (7) but this court finds that mutation case filed by the petitioner is pending since 08.03.2022.

¶8In view of the aforesaid reasons, without entering into merits of the case, this writ petition is finally disposed of with a direction to Respondent No. 2 to decide the pending Mutation Case No. 761 of 2022 Computerized Case No. T202204040200761 (Upasana Tiwari and others Vs. Piyari) expeditiously preferably within a period of four months from the date of presentation of certified copy of this order. Order Date :- 16.12.2023 A. Mandhani High Court of Judicature at Allahabad, Lucknow Bench