The High Court directed the Tehsildar to decide a pending mutation case under Section 34 of the U.P. Land Revenue Act within six weeks, emphasizing the summary nature of such proceedings and prohibiting routine adjournments.
Order directing the Tehsildar to decide Mutation Case No. 431/4628/2019 within six weeks, restricting adjournments.
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Court No. - 18
Case :- WRIT - C No. - 28566 of 2019
Petitioner :- Reena Rai Respondent :- Tehsildar Khajani And 4 Others Counsel for Petitioner :- Arun Kumar Verma Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble J.J. Munir,J.
Heard Sri Arun Kumar Verma, learned counsel for the petitioner and Sri Abhishek Kumar Rai, learned Standing Counsel appearing on behalf of respondent Nos. 1 and 2. No one appears on behalf of the Gaon Sabha, though, notice has been accepted on behalf of respondent no. 3 by Sri Tariq Maqbool Khan, Advocate.
This writ petition has been filed seeking the following material relief:-
(i) Issue a writ, order of direction in the nature of Mandamus directing the Respondent no. 1 to decide the case no. 431/4628/2019, under Section 34 of U.P. Land Revenue Act (Reena Rai Versus Sukhsagar), Tehsil Khajhani, District Gorakhpur within a short period."
The grievance of the petitioner is that an application under Section 34 of the Land Revenue Act has been made by the petitioner before the Tehsildar Khajhani, District Gorakhpur on 12.12.2014. The said mutation application is pending since the year 2014. A copy of the order sheet of the mutation case bearing No. 431/4628/2019 has been annexed as Annexure 3 to the writ petition. Mutation proceedings are summary proceedings. These are required to be decided expeditiously. It is not just the interest of the parties that claim for mutation to be expeditiously disposed of but also in the interest of the Revenue. It is indeed exceptional that the mutation case is pending for as long as five years.
It is made clear that this Court has not expressed its opinion on the merits of the claim for mutation put forward by the petitioner before the Tehsildar and it shall be for the Tehsildar to go into its merits in accordance with law, after hearing parties.
Looking to the nature of the order that this Court proposes to pass, this court is not issuing notice to private respondent Nos. 4 and 5, inasmuch as, no determination of rights of parties is being made here.
Considering the overall facts and circumstances of the case, the Tehsildar Khajani, District Gorakhpur is ordered to decide Mutation Case No. 431/4628/2019 within a period of six weeks from the date of receipt of a certified copy of this order in accordance with law after hearing all parties concerned. He will not grant any adjournment except for the short duration of a day or two and that also for very justifiable reason. The time indicated, shall be adhered to in all events.
The writ petition is allowed in terms of the above order. No order as to costs.
Order Date :- 9.9.2019 BKM/-
1 issue framed by the court
Whether the Tehsildar is directed to decide a pending mutation application under Section 34 of the U.P. Land Revenue Act within a specific timeframe?
1 provisions across 1 enactments
Reena Rai
Tehsildar Khajani
J.J. Munir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
