Disposed

Dr. Rashmi Shukla v. Collector, Lucknow and Others

Allahabad HC20 Jun 2023A227/3304/2023

Case brief

AI extract

What is this about?

This bench granted a direction to the Nayab Tahsildar to dispose of pending mutation case No. 1267/2021 and Computer Case No. 3315/2021 within three months. The court enforced the time-bound disposal provision of the U.P. Revenue Code Rules, 2016.

What did the court decide?

Direction to decide Case No. 1267/2021 and Computer Case No. 3315/2021 within three months from the receipt of the certified copy of this order.

Dr. Rashmi Shukla Vs Collector, Lucknow and Others — Execution and Attachment | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:41393

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Court No. - 3

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Case :- MATTERS UNDER ARTICLE 227 No. - 3304 of 2023

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Petitioner :- Dr. Rashmi Shukla Respondent :- Collector, Lucknow And Others Counsel for Petitioner :- Maneesh Kumar Singh,Navita Sharma

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Counsel for Respondent :- C.S.C.

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Ms. Navita Sharma, learned counsel for the petitioner, Ms. Deepshikha, learned Chief Standing Counsel representing the respondent nos. 1 to 4 and perused the record. 2. The instant writ petition has been filed, inter alia , for the following relief:

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"(i) Direct the opposite party no.4 i.e. Nayab Tahsildar, Bakshi ka Talab, Lucknow to decide the case no. 1267/2021 and computer case no. 3315/2021 (Rashmi Shukla versus Usha Chaudhary) which is pending in the court of Nayab Tahsildar, Bakshi ka Talab, District Lucknow to decide it within two months or within a time frame as stipulated by this Hon'ble Court.

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(ii) .....................

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(iii) ...................."

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Learned counsel for the petitioner submits that the case under Section 35 of U.P. Revenue Code, 2006 is pending for disposal since 2021 before the respondent No.4 as has been mentioned in paragraph No.4 to the writ petition.

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Sub Rule 7 of Rule 34 of the U.P. Revenue Code Rules, 2016 provides as under:

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"............(7). The Tahsildar shall make an endeavour to decide the undisputed case of mutation within the period of 45 days from the date of

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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."

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Since, there is a clear legislative mandate that if proceedings are not concluded within stipulated period of time as provided under the aforesaid provision, reasons for the same shall be recorded.

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Learned Chief Standing Counsel submits that she has no objection to the extent that a direction is issued by this Court for expeditious disposal of the case within stipulated period as to be fixed by this Court.

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In view of the nature of the proposed order to be passed, the service of notice upon the respondent no. 5 is dispensed with.

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Taking into consideration the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping this writ petition pending. Accordingly, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Nayab Tahsildar, Bakshi Ka Talab, Tahsil Bakshi Ka Talab, District Lucknow (respondent No. 4), before whom the aforementioned matter is pending for disposal, to decide the Case No. 1267/2021, Computerized Case No. 3315/2021 in accordance with law, by a reasoned and speaking order after affording opportunity of hearing to the parties concerned, expeditiously and preferably within a period of three months from the date of receipt of a certified copy of this order, if there is no other legal impediment, without granting unnecessary adjournments to either of the parties.

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It is made clear that the Nayab Tahsildar concerned shall decide the case on its merit and this order shall not come in the way of such decisions to be taken on the basis of the merit of

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the case.

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With the aforesaid direction, the present writ petition is disposed of .

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Order Date :- 20.6.2023 Abhishek Gupta

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

Dr. Rashmi Shukla v. Collector, Lucknow and Others

Case brief

What is this about?

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Dr. Rashmi Shukla v. Collector, Lucknow and Others

Case brief

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