The High Court directed the Tehsildar, Budhanpur, to decide a pending mutation case concerning a land purchase within four months after filing the certified copy of this order, ensuring an expeditious hearing without unnecessary adjournments.
Directed Tehsildar to decide mutation case within four months of printing certified copy of order.
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Court No. - 51
Case :- WRIT - C No. - 3119 of 2023 Petitioner :- Jay Hanuman Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kripa Shankar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Vipin Chandra Dixit,J.
Heard Mr. Kripa Shankar Pandey, learned counsel for the petitioner as well as the learned Standing Counsel appearing for State respondent and perused the record.
Present writ petition under Article 226 of the Constitution of India has been filed seeking a direction to the Tehsildar, Tehsil Budhanpur, District Azamgarh (respondent no.2) to decide the Mutation Case No. 3053 of 2021 Computerized Case No. T202115060603053 (Jay Hanuman Vs. Ram Pyare), under Section 35 of L.R. Act within a stipulated time period.
It is submitted by learned counsel for the petitioner that the petitioner had purchased Arazi No. 236 area17.5 Kari (71 Sq Meter) situated in village Pankarpur, Pargana Atrauliya, Tehsil Budhanpur, District Azamgarh through registered sale deed on 7.8.2021. The petitioner had filed mutation case no. 3053 of 2021 on 10.9.2021, under Section 34/35 of U.P. Revenue Code, 2006. It is further submitted that the respondents have put in appearance before the authority concerned and filed their objection. It is further submitted that on account of delaying tactics adopted by the contesting respondents, the mutation case could not be proceeded and is pending since 7.8.2021.
Without going into merit of the case, it is appropriate that the above case be decided expeditiously.
In view of above, Tehsildar, Tehsil Budhanpur, District Azamgarh (respondent no.2) is directed to decide the aforesaid case expeditiously, if possible within four months from the date of production of certified copy of this order after affording opportunity of hearing to the parties concerned, without granting adjournment unnecessarily to either of the parties, unless there is any legal impediment.
With aforesaid direction, the instant petition under Article 226 of the Constitution of India is finally disposed of.
Order Date :- 30.1.2023 Arif
Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Tehsildar should be directed to decide the pending mutation case expeditiously.
2 provisions across 2 enactments
Jay Hanuman
State Of U.P.
Tehsildar, Tehsil Budhanpur
Vipin Chandra Dixit
As recorded by the court registry
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