The High Court disposed of a writ petition seeking a direction to the Revenue Department to decide a pending mutation case expeditiously.
Direction to the Nayab Tehsildar to decide the mutation case within six months from the date of this order.
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Court No. - 31
Case :- MATTERS UNDER ARTICLE 227 No. - 345 of 2022
Petitioner :- Dev Mani Mishra
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko And Others Counsel for Petitioner :- Prabhakar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Mohd. Faiz Alam Khan,J.
Heard Shri Prabhakar Tiwari, learned counsel for the petitioner as well as Shri Rakesh Nayak, learned Standing Counsel appearing for respondent no.1 and 2 and perused the record.
By filing the instant writ petition, the petitioner has requested to issue an order or direction to the respondent no.2 i.e. Nayab Tehsildar Baskhari, Tehsil Tanda, District Ambedkar Nagar to decide the Mutation Case bearing No. 39 of 220 (Dev Mani vs. Ram Adhar), under Section 34 of the U.P. Land Revenue Code, 2006, relating to Village Motigarpur, Post Baskhari, Pargana Bidhar, Tehsil Tanda, District Ambedkar Nagar expeditiously, within stipulated period of time fixed by this Court in accordance with law.
Learned counsel for the petitioners submits that the abovementioned case, wherein the petitioner is an applicant, is pending for disposal before opposite party no.2 since 2009 and despite all the formalities of the case has been completed the case is not being disposed of. Thus, 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.
Learned Standing Counsel fairly submits that he would not be having any objection if any direction pertaining to expeditious disposal of the case pending before the respondent no.2 is issued.
Having regard to the order intended to be passed by this Court, issuance of notice to the opposite party 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.
Thus, having regard to all the facts and circumstances of the case, the writ petition is disposed of with the direction to the respondent no.2 i.e. Nayab Tehsildar Baskhari, Tehsil Tanda, District Ambedkar Nagar to consider and finally decide the
above-mentioned case expeditiously within a 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 :- 14.2.2022 Praveen
Digitally signed by PRAVEEN KUMAR Date: 2022.02.14 18:24:25 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether to issue a direction to the respondent authority to decide the pending mutation case expeditiously.
1 provisions across 1 enactments
Dev Mani Mishra
State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko
Nayab Tehsildar Baskhari
Mohd. Faiz Alam Khan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
