Dismissed

Lal Mohammad v. State of U.P. and 4 Others

Allahabad HC8 Feb 2023WRIC/1003/2023

Case brief

AI extract

What is this about?

Petitioner sought expeditious disposal of a mutation case pending before the Tehsildar due to alleged delaying tactics. The Court directed the respondent Tehsildar to decide the case within four months after providing an opportunity of hearing.

What did the court decide?

Direction to the respondent Tehsildar to decide the mutation case within four months after affording an opportunity of hearing.

Lal Mohammad Vs State of U.P. and 4 Others — Property and Title | Allahabad HC (2023)

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Court No. - 51

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Case :- WRIT - C No. - 1003 of 2023 Petitioner :- Lal Mohammad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Atmaram Nadiwal,Dinesh Kumar Yadav Counsel for Respondent :- C.S.C

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Dinesh Kumar Yadav, learned counsel for the petitioner, learned Standing Counsel for the State respondents and perused the record.

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This writ petition has been filed by the petitioner for expeditious disposal of Mutation Case No. 02412 of 2020, Computer Case No. T202005470202412 (Lal Mohammad vs. Sitaram and others), under Section 34 of the Uttar Pradesh Revenue Code, 2006, pending before respondent no. 2 within stipulated period of time.

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It is submitted by learned counsel for the petitioner that the petitioner had purchased the Gata No. 199 area 0.243 hectares situated in Ward No. 5, Jaini Chapra, Post-Siswa Bazar, District Maharajganj through registered sale deed dated 01.07.2020 from respondents no. 3 and 4. The petitioner had applied for mutation and the case was registered under Section 34 of the U. P. Revenue Code, 2006. It is further submitted that the respondent no. 5 had filed objection on 05.09.2020 and the mutation case was decided, vide order dated 07.01.2020. Thereafter the name of the petitioner was mutated in the revenue record. Lastly, it is submitted that respondent no. 5 had filed review application / restoration application on 18.04.2022 and the same was allowed, vide order dated 02.12.2022 and the order dated 07.01.2022 was recalled. Lastly, it is submitted that the mutation proceeding is pending on account of delaying tactics adopted by respondent no. 5.

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Considering the submissions of learned counsel for the parties and without going into merit of the case, the respondent no. 2 namely Tehsildar, Tehsil Nichlaul, District Azamgarh is directed to expedite the proceedings and decide the aforesaid case, if possible, within the period of four months from the date of production of certified copy of this order after affording opportunity of hearing to the parties concerned without granting any unnecessary adjournment, unless there is any legal impediment.

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With aforesaid direction, the instant petition is finally disposed of.

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Order Date :- 8.2.2023 sailesh

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Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad

Lal Mohammad v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Lal Mohammad v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

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