The High Court issued a writ of mandamus directing the Naib Tehsildar to decide a pending mutation case (Case No.281 of 2003) under Section 34 L.R. Act within three months.
Direct the respondent Naib Tehsildar to decide the pending Case No.281 of 2003 expeditiously within three months.
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Court No. - 7
Case :- WRIT - C No. - 35304 of 2021
Petitioner :- Smt. Keshra Shivshankar Yadav Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sandeep Kumar Pathak Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Chandra Kumar Rai,J.
Heard Sandeep Kumar Pathak, learned counsel for the petitioner, learned Standing Counsel for respondent nos.1, 2 and 3 and Mr. Bhupendra Kumar Tripathi, learned counsel for respondent no.4.
The instant writ petition has been filed by the petitioner for writ of mandamus directing the respondent no.3- Naib Tehsildar, Kasba- Machlishahar, Fahsil Machlishahar, District- Jaunpur to decide the Case No.281 of 2003 (Smt. Kehsara Devi Vs. Smt. Vimala Devi), under Section- 34 L.R. Act within stipulated period.
I have perused the record.
Petitioner has applied for mutation in the year 2003 which was decided by the Teshildar in favour of the petitioner but on the recall application filed by the opposite party, the order was recalled and the mutation case was restored on its original number, since then the mutation case is pending before respondent no.3. The copy of the ordersheet has been annexed as Annexure No.1 to the writ petition to demonstrate that the said case is not proceeding expeditiously.
In view of the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present writ petition is finally disposed of directing the respondent no.3- Naib Tehsildar, Kasba- Machlishahar, Fahsil Machlishahar, District- Jaunpur to decide the aforementioned case in accordance with law, expeditiously, preferably within a period of three months from the date of production of certified copy of this order before him, without granting unnecessary adjournments to either of the parties.
Order Date :- 6.1.2022 Rameez
1 issue framed by the court
Whether the writ of mandamus should be issued directing the Naib Tehsildar to dispose of the pending mutation case expeditiously within three months.
1 provisions across 1 enactments
Smt. Keshra Shivshankar Yadav
State Of U.P.
Naib Tehsildar, Kasba- Machlishahar
Chandra Kumar Rai
As recorded by the court registry
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