The High Court issued a writ of mandamus directing the Tehsildar to decide a pending mutation case filed under Section 35 of the U.P. Revenue Code, 2006, within three months, subject to specific instructions regarding party presence and cooperation.
Direction to decide Mutation Case no. 10319 of 2018 within three months.
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Court No. - 6
Case :- WRIT - C No. - 8656 of 2021 Petitioner :- Smt. Bipti Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Omkar Nath Rai Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Omkar Nath Rai, learned counsel for the petitioner and learned Standing Counsel for the respondents.
Learned counsel for the petitioner submits that the Mutation Case no. 10319 of 2018 (Computerised no. T- 201805440310319) (Smt. Bipatti Devi and others Vs Mohammad Lal Babu) of the petitioner under Section 35 of the U.P. Revenue Code, 2006, has not been decided. The case was instituted in the year 2018.
The only prayer made by learned counsel for the petitioner is that the Mutation Case no. 10319 of 2018 (Computerised no. T- 201805440310319) (Smt. Bipatti Devi and others Vs Mohammad Lal Babu) may be decided within a stipulated period of time.
Learned Standing Counsel submits that the courts below are under an obligation of law to decide the proceedings within the time period stipulated in the statute.
In view of the submissions made at the bar, no useful purpose would be served by keeping this writ petition pending or exchanging any pleadings. With consent of parties the writ petition is disposed of with the following directions:
(i) A writ in the nature of mandamus is issued commanding respondent no. 2, Tehsildar, Tehsil Tamkuhiraj, District Kushinagar, to decide the Mutation Case no. 10319 of 2018 (Computerised no. T-201805440310319) (Smt. Bipatti Devi and
others Vs Mohammad Lal Babu) filed by the petitioner for mutation under Section 35 of the U.P. Revenue Code, 2006, preferably within a period of three months from the date of production of a computer generated copy of this order, downloaded from the website of High Court, Allahabad along with fresh copy of the application. The computer generated copy of such order be self attested by the counsel of the party concerned and the authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
(ii) The respondent no. 2 shall hear all the necessary parties before passing any order.
(iii) All parties are directed to cooperate with the Tehsildar to ensure the conclusion of the proceedings in the above stipulated period of time.
It is provided that in case there is a Corona outbreak the period of three months shall be extended for the lost working days. The officials and parties shall adopt all Corona precautions during the proceedings.
The writ petition is disposed of.
Order Date :- 2.7.2021 Pravin
1 issue framed by the court
Whether the Mutation Case should be decided within a stipulated period of time.
1 provisions across 1 enactments
Smt. Bipti Devi
State Of U.P.
Tehsildar, Tehsil Tamkuhiraj, District Kushinagar
Ajay Bhanot
As recorded by the court registry
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