In this writ petition under Article 227, the court directed the Tehsildar to dispose of pending mutation applications filed under Section 34 of the U.P. Revenue Code 2006 within six months.
Direction to the Respondent No. 1 (Tehsildar) to dispose of Mutation Case No. 4844/2021 within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 31
Case :- MATTERS UNDER ARTICLE 227 No. - 123 of 2022
Petitioner :- Salma Khatun Respondent :- Tehsildar (Judicial) Tehsil Sadar Gonda And Others
Counsel for Petitioner :- Govind Kumar Chourasia
Counsel for Respondent :- C.S.C.
Hon'ble Mohd. Faiz Alam Khan,J.
Heard Shri Govind Kumar Chaurasia, learned counsel for the petitioner as well as Shri Rajiv Kumar Sinha, learned Standing Counsel appearing for respondent no.1 and perused the record.
The instant petition has been moved with the prayer to issue an order or direction to the opposite party no.1 i.e. Tehsildar (Judicial), Tehsil Sadar, District Gonda to decide the mutation Case No. 4844/2021 (Computerized Case No. T2021083004844), Suhel Khan and another Vs. Mohd. Shameem Khan, filed under Section 34 of U.P. Rvenue Code 2006, expeditiously as early as possible, within time stipulated by this Court.
Learned counsel for the petitioner submits that in compliance of the order of this Court a supplementary affidavit has already been filed, wherein the case pending before the opposite party no.1 has been clearly explained.
Learned counsel for the petitioner submits that with regard to the mutation on the impugned land 3 mutation applications were moved by the petitioner through online mode and the same are pending for disposal before the opposite party no.1.
He further submits that with regard to the same land three mutation applications were also moved by opposite parties no.2 and 3.
It is vehemently submitted that all the formalities required for disposal of the above mentioned mutation applications have been completed and all the cases have been consolidated and the mutation case No. E2021083004844 has been made as the leading case. All the mutations are pending before the opposite party no.1 for disposal and since all the formalities required has been completed, a suitable direction be given to the opposite party no.1 to dispose of the above mentioned case expeditiously
within the time stipulated by this Court.
Learned Standing Counsel appearing for opposite party no.1 submits that having regard to the fact that cases are pertaining to mutation he is not having any objection if any direction pertaining to expeditious disposal of the case pending before the respondent no.1 is issued.
Keeping in view all the facts and circumstances of the case, the order intended to be passed by this Court, issuance of notice to the private respondents no. 2 and 3 is hereby dispensed with as any direction pertaining to the expeditious disposal of the case pending before the respondent no.1 would also be in their interest.
Thus, having regard to all the facts and circumstances of the case, the writ petition is finally disposed of with the direction to the respondent no.1 i.e. Tehsildar, (Judicial) Tehsil Sadar, Gonda to consider and dispose of mutation Case No. 4844/2021 (Computerized Case No. T2021083004844), Suhel Khan and another Vs. Mohd. Shameem Khan, filed under Section 34 of U.P. Rvenue Code 2006, expeditiously, within the period of six months from the date of an authenticated copy of this order is placed before the authority concerned, strictly in accordance with law, subject to cooperation by the parties, after providing an opportunity of being heard and led evidence to all the parties.
It is made clear that this Court has not considered the merits of the case.
Order Date :- 11.2.2022 Muk
Digitally signed by MOHD UMAR KHAN Date: 2022.02.15 15:27:47 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the petition under Article 227 for a direction of expeditious disposal of pending mutation applications should be allowed.
1 provisions across 1 enactments
Salma Khatun
Tehsildar (Judicial) Tehsil Sadar Gonda
Mohd. Faiz Alam Khan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
