Allowed

Shri Bhagwan v. State of U.P. Thru. Secy. Revenue, Lucknow and Others

Allahabad HC18 Nov 2023A227/5892/2023

Case brief

AI extract

What is this about?

This Bench disposed of a writ petition seeking direction for the expeditious disposal of a pending mutation case. The Court held that proceedings must be concluded within the statutory period and directed the lower authority to decide the matter within three months.

What did the court decide?

Permanently directed the respondent No. 2 to decide Case No. 1247/2023 within three months by a reasoned and speaking order on merit after affording opportunity of hearing to the parties.

Shri Bhagwan Vs State of U.P. Thru. Secy. Revenue, Lucknow and Others — Allahabad HC (2023) — LawSathi Research

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Neutral Citation No. - 2023:AHC-LKO:75825

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Court No. - 21

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Case :- MATTERS UNDER ARTICLE 227 No. - 5892 of 2023

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Petitioner :- Shri Bhagwan Respondent :- State Of U.P. Thru. Secy. Revenue, Lucknow And Others Counsel for Petitioner :- Sunita Dwivedi,Himanshu Tiwari Counsel for Respondent :- C.S.C.

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Ms. Sunita Dwivedi, learned counsel for the petitioner, Sri Shashank Singh, learned counsel for the State-respondents no. 1 & 2 and perused the record.

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The present writ petition has been filed, inter alia , for the following relief:

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"(i) To issue a writ, order or direction directing the respondent no.2 to decide the case no.1247/2023 (Computerized case no.T202304710501247), Bhagwan Pandey vs. Ram Chandra, under Section 34 of U.P. Revenue Code, 2006, Village Gokula, Pargana Asal, Tehsil and District Amethi, which is pending before the court of Nayab Tehsildar, Asal, Tehsil and District Amethi, within stipulated time.

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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 34 of U.P. Revenue Code, 2006 is pending for disposal since long before the respondent No.2 but till date the proceeding has not been concluded.

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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

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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."

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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 counsel appearing for the State submits that he 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 order proposed to be passed, the service of notice upon the respondents no.3 to 7 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.

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Accordingly, without adverting on merits of the case and with the consent of the parties, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Nayab Tehsildar, Tehsil Asal, Amethi, District Amethi (respondent No. 2), before whom the aforementioned matter is pending for disposal, to decide the Case No.1247/2023 (Computerized Case No. T202304710501247), strictly in accordance with law, by a reasoned and speaking order on merit 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, unless there is any legal impediment. It is further directed that no

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unnecessary adjournments be granted to either of the parties and the adjournment, if prayed for, will be permissible to be granted only in exceptional circumstances.

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

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Order Date :- 18.11.2023 Abhishek Gupta

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

Shri Bhagwan v. State of U.P. Thru. Secy. Revenue, Lucknow and Others

Case brief

What is this about?

What did the court decide?

Shri Bhagwan v. State of U.P. Thru. Secy. Revenue, Lucknow and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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