Writ petition filed against Survey Nayab Tehsildar, Gorakhpur, seeking direction to expedite a pending mutation application since 2007 for the legal heirs of Rumali Wife of Khodadeen.
Directed Survey Nayab Tehsildar to decide the pending mutation application within three months from the date of order.
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Court No. - 42
Case :- WRIT - C No. - 10790 of 2021
Petitioner :- Amrunisha And 2 Others Respondent :- Survey Nayab Tehsildar, Collectorate Gorakhpur And 3 Others Counsel for Petitioner :- Kamal Kishor Mishra Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Kamal Kishor Mishra, learned counsel for the petitioners and learned Standing Counsel for respondent no.1.
Notice need not be sent to respondents no.2 and 3.
Sri Sudhir Bharti, learned counsel for respondent no.4 has appeared.
This writ petition has been filed with the following prayer:-
"To direct the Survey Nayab Tehsildar, Collectorate Gorakhpur (Respondent No.1) to decide the Suit No.88 of 2007, Amrunisha and others Versus Mukhtar and others, within stipulated period, which is pending since 12.05.2007 for the mutation of their names in the revenue record being legal heir of Rumali Wife of Khodadeen."
It is contended that the mutation application was filed in the year 2007 which till date has not been decided. The prayer is made for early disposal of the said application.
Learned Standing Counsel does not oppose the limited prayer so made.
As no useful purpose would be served in keeping this writ petition pending or calling for counter affidavit, without going into the merits of the case, respondent no.1-Survey Nayab Tehsildar, Collectorate Gorakhpur is directed to decide the application expeditiously preferably within next three months from the date of production of copy of this order downloaded from the Official Website of this Court strictly in accordance with law after hearing all the concerned parties.
Writ petition stands disposed of.
Order Date :- 1.7.2021 SK Goswami
1 issue framed by the court
Whethersurveillance officer directedto expedite disposal of pending mutation application filed in 2007 regarding heirs of Rumali Wife of Khodadeen?
Amrunisha And 2 Others
Survey Nayab Tehsildar, Collectorate Gorakhpur And 3 Others
Rohit Ranjan Agarwal
SK Goswami
As recorded by the court registry
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