Disposed

Smt. Shobha Devi v. State of U.P. and 2 Others

Allahabad HC12 May 2023WRIC/16088/2023

Case brief

AI extract

What is this about?

This single-judge court disposed of a writ petition wherein the petitioner challenged the delay in deciding a mutation case. Relying on the 90-day limit under Rule 34(7), the court directed the Revenue Officer to decide the specific pending case within six months without granting unnecessary adjournments.

What did the court decide?

Direction to Respondent No. 2 to hear and decide Case No. T202215060601143 expeditiously within six months from the date of presentation of the certified copy of this order.

Smt. Shobha Devi Vs State of U.P. and 2 Others — Property and Title | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:103987

¶2

Court No. - 27

¶3

Case :- WRIT - C No. - 16088 of 2023

¶4

Petitioner :- Smt. Shobha Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shweta Srivastava,Sita Ram Yadav Counsel for Respondent :- CSC

¶5

Hon'ble Manjive Shukla,J.

¶6

Heard learned counsel for the petitioner and learned Standing Counsel for Respondents No. 1 and 2.

¶7

In view of the order proposed, notice to private Respondent No.3 is dispensed with.

¶8

Learned counsel for the petitioner has submitted that petitioner has filed a mutation case under Section 34/35 of U.P. Revenue Code, 2006, which has been numbered as Case No.T202215060601143 (Yadunath Vs. Kodai) before Respondent No. 2. The private respondent has also filed objections before Respondent No.2 in the aforementioned case on 19.4.2022.

¶9

Learned counsel for the petitioner has further submitted that though the aforesaid case was filed on 07.04.2022 but till date in spite of best cooperation of the petitioner the case has not been decided.

¶10

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

¶11

I have considered the submissions advanced by the learned counsel for the petitioner.

¶12

I find that Case No.T202215060601143 (Yadunath Vs. Kodai) is pending before Respondent No.2 since 07.04.2022.

¶13

I also find that there is a categorical provision in Rule-34(7) of U.P. Revenue Code Rules, 2016 wherein it is provided that mutation cases are to be decided within a period of 90 days. Rule34(7) of U.P. Revenue Code Rules, 2016 is extracted as under:-

¶14

"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."

¶15

At this stage, learned Standing Counsel has submitted that ends of justice would be served if a positive direction is issued to Respondent No.2 for expeditious disposal of the aforesaid case.

¶16

In view of the aforesaid reasons, this writ petition is disposed of with direction to Respondent No. 2 to hear and decide Case No. T202215060601143 (Yadunath Vs. Kodai) expeditiously, preferably within a period of six months from the date of presentation of certified copy of this order.

¶17

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

¶18

Needless to say that Respondent No.2, while deciding the aforesaid case, will not grant unnecessary adjournment to any of the parties.

¶19

Order Date :- 12.5.2023 CS/-

¶20

Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad

Smt. Shobha Devi v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Smt. Shobha Devi v. State of U.P. and 2 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

Smt.Usha Dwivedi Vs State of U.P. and 3 Others

Ram Chandra Ram Vs State of U.P. and 6 Others

Krishnawati Devi and 3 Others Vs Additional Commissioner Varanasi Division and 2 Others

Ram Narayan Vs State of U.P. and 3 Others

Himanshu Kumar Kushwaha Vs State of U.P. and Another

Avinash Singh and Another Vs State of U.P. and 3 Others