Vivek Kumar Vs Tehsildar Koraon Allahabad and 3 Others — Allahabad HC (2022) — LawSathi Research

Vivek Kumar Vs Tehsildar Koraon Allahabad and 3 Others — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of finally at the admission stage with a direction to the concerned respondent to consider and decide the petitioner's objection filed in the mutation case as well as the mutation case in accordance with law expeditiously and preferably within four months from the date of production of certified copy of the order, after giving opportunity to the parties concerned and without granting unnecessary adjournments to either party, if there is no legal impediment.

Issue for consideration

Whether a writ of mandamus should be issued directing respondent Nos. 1 and 2 to decide the petitioner's objection in mutation Case No. 284 (T202102030902666) of 2007-2008 (Ragh Prasad Vs Chaturi) under Sections 34/35 U.P.Z.A. Act, Village Bhagesar, Tappa Barokhar, Tehsil Koraon, District Allahabad, within a stipulated period.

Court's answer

The concerned respondent was directed to consider and decide the objection filed in the mutation case as well as the mutation case in accordance with law expeditiously and preferably within a period of four months from the date of production of certified copy of the order, but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, if there is no legal impediment.

Ratio / Principle

With the consent of learned counsel for the parties present, the writ petition was disposed of at the admission stage itself.

Key takeaways

The Court expressly did not express any opinion on the merits of the issue while disposing of the petition finally.obiter¶12

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Prakash Padia, J.), Order dated 14.3.2022 in WRIT - C No. 5560 of 2022, Vivek Kumar v. Tehsildar Koraon Allahabad and 3 Others: The petitioner sought mandamus directing respondent Nos. 1 and 2 to decide his objection in mutation Case No. 284 (T202102030902666) of 2007-2008 (Ragh Prasad Vs Chaturi) under Sections 34/35 U.P.Z.A. Act, Village Bhagesar, Tappa Barokhar, Tehsil Koraon, District Allahabad, which had been pending since long without any final decision. Learned Standing Counsel accepted notice for respondent Nos. 1 to 3 and raised no objection to the prayer. With the consent of counsel, the petition was disposed of at the admission stage itself: without expressing any opinion on the merits, the concerned respondent was directed to consider and decide the objection and the mutation case in accordance with law expeditiously and preferably within four months from production of certified copy of the order, but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either party, if there is no legal impediment.

Court No. - 18

Case :- WRIT - C No. - 5560 of 2022

Petitioner :- Vivek Kumar Respondent :- Tehsildar Koraon Allahabad And 3 Others Counsel for Petitioner :- Om Prakash Mishra Counsel for Respondent :- C.S.C.

Hon'ble Prakash Padia,J.

Heard learned counsel for the petitioner. Learned Standing Counsel accepted notice on behalf of respondent Nos.1 to 3.

In view of the order proposed to be passed, notices need not go to the respondent Nos.4 & 5.

The petitioner has preferred the present writ petition with the following prayer :-

"1.issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no 1 & 2 to decide the objection of petitioner in case no 284 (T202102030902666)0f2007-2008 (Ragh Prasad Vs Chaturi) as well as case no 284 (T202102030902666) of 2007-2008 (Ragh Prasad Vs Chaturi)under section 34/35 U.P.Z.A.Act Village Bhagesar, Tappa Barokhar Tehsil Koraon District Allahabad. Within stipulated period."

It is contended by learned counsel for the petitioner that the objection filed by the petitioner in the aforesaid mutation as well as the aforesaid case is pending since long, till date no final decision has been taken. It is argued that due to pendency of the aforesaid case, the petitoner is suffering irreparable loss and injury.

Learned Standing Counsel has no objection to the prayer made by petitioner.

Heard learned counsel for the parties present. With the consent of learned counsel for the parties present, the present writ petition is disposed of at the admission stage itself.

Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the concerned respondent to consider and decide the aforesaid objection filed in the mutation case as well as mutation case in accordance with

law expeditiously and preferably within a period of four months from the date of production of certified copy of this order but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, if there is no legal impediment.

Order Date :- 14.3.2022 saqlain

Digitally signed by SYED MOHAMMAD SAQLAIN HAIDER Date: 2022.03.15 09:58:14 IST Reason: Location: High Court of Judicature at Allahabad