Usha Devi Vs Tehsildar, Allapur, Ambedkar Nagar… — Writ and Judicial Review | Allahabad HC (2023)

Usha Devi Vs Tehsildar, Allapur, Ambedkar Nagar… — Writ and Judicial Review | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Direction to Respondent No. 1 (Tehsildar, Allapur) to decide the pending Mutation Case No. RST/01007/2019, Computerized Case No. T201904040401007 (Usha Devi Vs. Ram Naresh) expeditiously, preferably within a period of six months from the date of presentation of certified copy of the order; writ petition disposed of without entering into merits.

Issue for consideration

Whether Respondent No. 1 (Tehsildar, Allapur) was obliged to decide the petitioner's pending mutation case within the time stipulated by Rule 34(7) of the U.P. Revenue Code Rules, 2016, warranting a direction for expeditious disposal.

Court's answer

Rule 34(7) of the U.P. Revenue Code Rules, 2016 provides that disputed mutation cases are to be decided within a period of 90 days (and, per the extracted text of the Rule, undisputed mutation cases within 45 days).

Ratio / Principle

In view of Rule 34(7), it was obligatory upon Respondent No. 1 to make earnest endeavour to decide the petitioner's mutation case within the stipulated time, but the court found that the mutation case filed by the petitioner is pending since 23.12.2022.

Key takeaways

Without entering into the merits of the case, the writ petition is finally disposed of with a direction to Respondent No. 1 to decide the pending Mutation Case No. RST/01007/2019, Computerized Case No. T201904040401007 (Usha Devi Vs. Ram Naresh) expeditiously, preferably within six months from the date of presentation of a certified copy of the order.ratio¶¶16

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 21) — Neutral Citation 2023:AHC-LKO:83151; MATTERS UNDER ARTICLE 227 No. 6281 of 2023; Order Date 16.12.2023; Hon'ble Manjive Shukla, J. Usha Devi, by a writ petition under Article 227, complained that her mutation case (Mutation Case No. RST/01007/2019, Computerized Case No. T201904040401007, Usha Devi Vs. Ram Naresh), filed on 23.12.2022 before the Tehsildar, Allapur, District Ambedkar Nagar, had remained pending although Rule 34(7) of the U.P. Revenue Code Rules, 2016 requires undisputed mutation cases to be decided within 45 days and disputed mutation cases within 90 days of registration. Holding that compliance with Rule 34(7) was obligatory on Respondent No. 1, who was bound to make earnest endeavour to decide the case within the stipulated time, and without entering into the merits, the Court disposed of the writ petition with a direction to the Tehsildar to decide the pending mutation case expeditiously, preferably within six months from presentation of a certified copy of the order. Notices to Respondents No. 2 to 5 were dispensed with in view of the proposed order.

Neutral Citation No. - 2023:AHC-LKO:83151

Court No. - 21

Case :- MATTERS UNDER ARTICLE 227 No. - 6281 of 2023

Petitioner :- Usha Devi

Respondent :- Tehsildar, Allapur, Ambedkar Nagar And Others Counsel for Petitioner :- Ravindra Kumar Yadav Counsel for Respondent :- C.S.C.

Hon'ble Manjive Shukla,J.

Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the Respondent No. 1.

In view of the proposed order, notices to Respondents No. 2 to 5 are dispensed with.

Learned counsel appearing for the petitioner has submitted that petitioner has filed a case for mutation before Tehsildar Allapur, District Ambedkar Nagar which has been registered as Mutation Case No. RST/01007/2019, Computerized Case No. T201904040401007 (Usha Devi Vs. Ram Naresh).

Learned Counsel for the Petitioner has further submitted that the aforementioned case was filed on 23.12.2022 and since then matter is pending before Respondent No. 1.

Learned counsel appearing for the petitioner has argued that under Rule 34(7) of the U.P. Revenue Code Rules, 2016, it has been provided that mutation cases are to be decided within a period of 90 days.

I have considered the submissions advanced by the learned counsel appearing for the petitioner and I find that Rule 34(7) of the U.P. Revenue Code Rules, 2016 provides that disputed mutation cases are to be decided within a period of 90 days. For ready reference, Rule 34(7) of the U.P. Revenue Code Rules, 2016 is extracted as under:

"34 (7). The Tehsildar shall make an endeavour to decide the undisputed case of mutation within the period of 45 days from the date of the registration of the case and the disputed case of mutation within the period of 90 days and if the proceeding is not concluded within such period the reason for the same shall be recorded."

Since there is provision under Rule 34 (7) of U.P. Revenue Code Rules, 2016 for deciding the cases of mutation within the stipulated period, therefore, it was obligatory upon the

Respondent No. 1 to make earnest endeavour to decide the case of the petitioner within the time stipulated in the aforementioned Rule 34 (7) but this court finds that mutation case filed by the petitioner is pending since 23.12.2022.

In view of the aforesaid reasons, without entering into merits of the case, this writ petition is finally disposed of with a direction to Respondent No. 1 to decide the pending Mutation Case No. RST/01007/2019, Computerized Case No. T201904040401007 (Usha Devi Vs. Ram Naresh) expeditiously preferably within a period of six months from the date of presentation of certified copy of this order.

Order Date :- 16.12.2023 A. Mandhani

Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad, Lucknow Bench