Disposed

Smt. Deepa Bharti v. State of U.P. and 3 Others

Allahabad HC28 Apr 2023WRIC/14334/2023

Case brief

AI extract

What is this about?

This writ petition addressed the prolonged pendency of a mutation case filed by the petitioner since January 2022, violating the 90-day limit under U.P. Land Revenue Code Rules, 2016. The court disposed of the petition by directing the respondent to decide the matter expeditiously within four months without unnecessary adjournments, explicitly stating no adjudication on merits was made.

What did the court decide?

Direction to Respondent No. 2 to decide Case No. 1137 of 2022 expeditiously, preferably within four months, without unnecessary adjournments.

Smt. Deepa Bharti Vs State of U.P. and 3 Others — Allahabad HC (2023) — LawSathi Research

¶1

Court No. - 27

¶2

Case :- WRIT - C No. - 14334 of 2023

¶3

Petitioner :- Smt. Deepa Bharti Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yatindra Kumar Dubey,Vinay Kumar Jaiswal Counsel for Respondent :- C.S.C

¶4

Hon'ble Manjive Shukla,J.

¶5

Heard Mr. Vinay Kumar Jaiswal, learned counsel for the petitioner and learned Standing Counsel appearing for Respondents No. 1 and 2.

¶6

In view of the proposed order, notices to private Respondents No. 3 and 4 are dispensed with.

¶7

Learned counsel for the petitioner has submitted that he has filed a case for mutation on 29.01.2022 before Respondent No. 2 and the said case has been numbered as Case No. 1137 of 2022, Computerized Case No. T-202205440301137 (Smt. Deepa Bharti Vs. Nandlal and Others).

¶8

Learned counsel for the petitioner has further submitted that the aforesaid mutation case is pending since 29.01.2022 and in spite of his best co-operation, the said case has not been decided till date.

¶9

Learned counsel for the petitioner has also invited attention of this Court towards Rule 34 (7) of U.P. Land Revenue Code Rules, 2016 wherein it has been provided that mutation cases are to be decided within a period of 90 days.

¶10

I have considered submissions advanced by learned counsel for the petitioner and I find that the aforesaid mutation case filed by the petitioner is pending since 29.01.2022, though there is specific provision under Rule 34 (7) of U.P. Land Revenue Code Rules, 2016 wherein it has been provided that mutation cases are to be decided within a period of 90 days.

¶11

Rule 34 (7) U.P. Land Revenue Code Rules, 2016 is extracted as under:

¶12

"(7) The Tahsildar 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."

¶13

At this stage, learned Standing Counsel has submitted that ends of justice would be served if a positive direction is issued by this Court for expeditious disposal of the aforesaid case.

¶14

In view of the aforesaid reasons, this Writ Petition is finally disposed of with a direction to Respondent No. 2 to hear and decide Case No. 1137 of 2022, Computerized Case No. T- 202205440301137 (Smt. Deepa Bharti Vs. Nandlal and Others) expeditiously, preferably within a period of four months from the date of production of certified copy of this order.

¶15

It is made clear that this Court has not adjudicated on the merits of the case.

¶16

It is also directed that Respondent No. 2 while deciding the aforesaid case will not grant any unnecessary adjournments to any of the parties.

¶17

Order Date :- 28.4.2023 A. Mandhani

¶18

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

Smt. Deepa Bharti v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Deepa Bharti v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ramesh Kumar Maurya Vs the State of U.P. and 5 Others

Anwaruddin Vs State of U.P. and 2 Others

Smt. Maya Devi Vs State of U.P. and 2 Others

Sant Singh and 2 Others Vs State of U.P. and 9 Others

Ram Lal Pal Vs State of U.P. and 7 Others

Anwari Khan Vs State of U.P. and 3 Others