High Court of Judicature at Allahabad directed the Tehsildar, Phulpur, to decide a pending mutation case under Section 34 of the UP Revenue Code, 2006, within four months without unnecessary adjournments.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 51
Case :- WRIT - C No. - 39571 of 2022
Petitioner :- Lali Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kirt Raj Yadav Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Kirt Raj Yadav, learned counsel for the petitioner, learned Standing Counsel for State-respondents as well as Sri Rameshwar Prasad Shukla, learned counsel for respondent no.3 and perused the record.
Present petition under Article 226 of the Constitution of India has been filed seeking a direction to the Tehsildar, Tehsil Phulpur, District Azamgarh-respondent no.2 to decide Mutation Case No.2114 of 2019, Computerized Case No.T 201915060302114(Lali Devi vs. Dileep Kumar) under Section 34 of Uttar Pradesh Revenue Code, 2006.
It is submitted by learned counsel for the petitioner that the petitioner had purchased plot No.422 area 0.247 situated at Village Chamawa, Pargana Mahul Tehsil Phulpur, District Azamgarh from respondent No.4 through sale deed which was executed on 30.7.2019. The petitioner had filed aforesaid Mutation Case, wherein respondent no.4 had put in appearance before the Tehsildar and moved an application on 6.8.2019 seeking permission to file objection but till date respondent no.4 has not filed any objection. Lastly, it is submitted that on account of delaying tactics adopted by defendant-respondent No.4, the aforesaid Mutation Case could not proceed and is pending.
Without going into merit of the case, it is appropriate that the above Mutation Case be decided expeditiously.
In view of above, Tehsildar, Tehsil Phulpur, District Azamgarhrespondent no.2 is directed to decide the aforesaid Mutation Case expeditiously, if possible within four months from the date of production of certified copy of this order 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 :- 20.1.2023 P.P.
Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Tehsildar is directed to decide the pending mutation case expeditiously.
2 provisions across 2 enactments
Lali Devi
State Of U.P.
3 Others
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
