Held, a direction issued under Article 226 ordering the Tehsildar to decide the pending mutation case expeditiously, preferably within four months, ensuring full compliance with prescribed procedures and after hearing parties.
Direction to decide the pending case within four months with strict compliance of procedure and after hearing parties.
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Court No. - 74
Case :- WRIT - C No. - 21800 of 2020 Petitioner :- Suman Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Omkar Nath Rai Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
Heard Sri Omkar Nath Rai, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
By means of this petition under Article 226 of the Constitution, the petitioner has prayed for following substantial relief:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent No.2 (Tehsildar Tehsil Kasya, Dist rictKushinagar to decide the Case No.- 01746/ 2018 (Sunita Devi vs. Late Pardeshi) under Section 35 U.P. Land Revenue Code, 2006."
The petitioner, who claims to have objected the mutation proceedings vide application dated 6th July, 2019, has come up before this Court for expeditious disposal of the matter.
Learned Standing Counsel has no objection in case if an appropriate direction is issued for disposal of the pending case in a time bound period strictly in accordance with law and by fully complying with the procedure prescribed for under the relevant laws and also after giving full opportunity of hearing to the parties concerned.
In view of the above, writ petition is disposed of with a direction to the court concerned to consider and decide the petitioner's aforesaid case as expeditiously as possible preferably within a period of four months from the date of production of copy of this order.
It is clarified that the procedure prescribed for conducting such proceedings, shall be religiously complied with and priority shall be fixed in the order in which other pending proceedings, if any, have been expedited by this Court in the past.
The copy of the order available on official website of this Court shall be treated to be genuine one, however, as and when the certified copy of the order is issued, the same shall also be submitted before the competent authority.
Order Date :- 15.12.2020 Atmesh
3 issues framed by the court
Whether to issue a writ of mandamus directing the Tehsildar to decide the pending mutation case expeditiously.
Whether the petitioner is entitled to a time-bound disposal order for mutation proceedings.
Whether the lower authority must comply with prescribed procedures while expediting the case.
2 provisions across 2 enactments
Suman Devi
State Of U.P.
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
