Disposed

Vikas Soni v. State of U.P.Thru.Addl. Chief Secy Revenue Lko and Others

Allahabad HC8 Feb 2022/273/2022

Case brief

AI extract

What is this about?

This judgment under Article 227 disposed of a writ petition seeking a direction for expeditious disposal of a pending mutation application. The court directed the authority to decide the case within seven months without unnecessary adjournments after giving parties an opportunity to be heard.

What did the court decide?

Direction to respondent no.2 to consider and finally decide the mutation application expeditiously within seven months after providing opportunity of hearing to parties.

Vikas Soni Vs State of U.P.Thru.Addl. Chief Secy… — Service and Employment | Allahabad HC (2022)

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Court No. - 31

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Case :- MATTERS UNDER ARTICLE 227 No. - 273 of 2022

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Petitioner :- Vikas Soni

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Respondent :- State Of U.P.Thru.Addl. Chief Secy Revenue Lko And Others Counsel for Petitioner :- Uma Kant Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard Ms. Richa Tiwari, learned counsel for the petitioner as well as Shri Vishal Sonkar, learned Standing Counsel appearing for opposite parties no.1 and 2 and perused the record.

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The instant petition has been preferred by the petitioner with the following prayers:-

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" to issue an order or direction for opposite parties especially opposite party no.2 to decide the Case No. T202004230300516, Piyush and others Vs. Moiz Ahmad under Section 34 of U.P. Revenue Code, 2006 expeditiously within stipulated period in the interest of jsutice.

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(ii) to issue any order or directions which this Hon'ble Court may deem fit and proper in the circumstances of the present case."

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Learned counsel for the petitioner submits that the applicant on the basis of sale deed moved an application for mutation before the opposite party no.2, however the same is pending and no substantial progress has been made in that case. While referring tot he order sheet placed as Annexure No.3 of the subordinate court, it is vehemently submitted that for the last one year no substantial progress has been made in the case and therefore a suitable direction be given to the opposite party no.2 to dispose of the above mentioned case, expeditiously within the time stipulated by this Court.

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Learned Standing Counsel, however, submits that he would not be having any objection if any direction pertaining to expeditious disposal of the application for mutation is passed.

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Having regard to the order intended to be passed by this Court, issuance of notice to the private respondent no.3 is hereby dispensed with as any direction pertaining to the expeditious disposal of the case pending before the respondent no.2 would also be in his interest.

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Thus, having regard to all the facts and circumstances of the

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case, the writ petition is finally disposed of with the direction to the respondent no.2 i.e. Naib Tehsildar Bikapur, District Ayodhya to consider and finally decide the above mentioned application for mutation moved by the petitioner, most expeditiously without granting unnecessary adjournments to either parties, preferably within a period of seven months after providing an opportunity of being heard to the parties, 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.

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It is made clear that this Court has not considered the merits of the case.

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In view of the recent surge in Covid-19 cases, it is directed that the parties may file a computer generated copy of this order, which may be downloaded from the official website of this Court, after self attesting it by learned counsel for the petitioner before the authority concerned. The concerned court / authority / official shall be further under duty to verify the authenticity of the computerized copy of the order so filed by the parties from the official website of this Court and shall make a declaration in writing that the same has been verified.

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Order Date :- 8.2.2022 Muk

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Digitally signed by MOHD UMAR KHAN Date: 2022.02.08 19:54:33 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Vikas Soni v. State of U.P.Thru.Addl. Chief Secy Revenue Lko and Others

Case brief

What is this about?

What did the court decide?

Vikas Soni v. State of U.P.Thru.Addl. Chief Secy Revenue Lko and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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