Disposed

Shanti Devi v. State of U.P. and 3 Others

Allahabad HC8 Dec 2023WRIC/42630/2023

Case brief

AI extract

What is this about?

The Allahabad High Court, without adverting to merits, directed the Tehsildar to dispose of a pending mutation case (Case No. 4192 of 2017) within three months in compliance with statutory time limits under the U.P. Revenue Code, 2006 and its Rules, emphasizing no unnecessary adjournments. The petition was finally disposed of.

What did the court decide?

Direction to the Tehsildar to decide the pending mutation case within three months of receipt of the certified copy of this order.

Shanti Devi Vs State of U.P. and 3 Others — Landlord and Tenant | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:233407

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Court No. - 49

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Case :- WRIT - C No. - 42630 of 2023

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Petitioner :- Shanti Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amrita Singh Counsel for Respondent :- C.S.C.

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Sri Pradeep Kumar Sharma, holding brief of Ms. Amrita Singh, learned counsel for the petitioner, Sri Anand Kumar Upadhyay, learned Standing Counsel representing the respondent nos. 1, 2 and 3 and perused the record.

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The present writ petition has been filed, inter alia , for the following relief:

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"(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent No.3 to decide the Case No. 4192 of 2017, Computerized Case No. T2017155156014192 (Shanti Devi Vs. Sakal Dev), under Section 35 of U.P. Revenue Code, 2006, within stipulated period as may be fixed by this Hon'ble Court.

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(ii) .....................

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(iii) ...................."

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Learned counsel for the petitioner submits that the case under Section 34/35 of U.P. Revenue Code, 2006 is pending for disposal since 2017 before the respondent No.3 but till date the proceeding has not been concluded.

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Sub Rule 7 of Rule 34 of the U.P. Revenue Code Rules, 2016 provides as under:

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"............(7). The Tahsildar shall make an endeavour to decide the undisputed case of mutation within the period of 45 days from the date of

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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."

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There is a clear legislative mandate that if proceedings are not concluded within stipulated period of time as provided under the aforesaid provision, reasons for the same shall be recorded.

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Learned Standing Counsel submits that he has no objection to the extent that a direction is issued by this Court for expeditious disposal of the case within stipulated period as to be fixed by this Court.

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In view of the nature of the order proposed to be passed, the service of notice upon the respondent no. 4 is dispensed with.

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Taking into consideration the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping this writ petition pending.

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Accordingly, without adverting on merits of the case and with the consent of the parties, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Tehsildar, Tehsil Sadar, District Mau (respondent No. 3), before whom the aforementioned matter is pending for disposal, to decide the Case No. 4192 of 2017, Computerized Case No. T2017155156014192 (Shanti Devi Vs. Sakal Dev), strictly in accordance with law, by a reasoned and speaking order on merit after affording opportunity of hearing to the parties concerned, expeditiously and preferably within a period of three months from the date of receipt of a certified copy of this order, unless there is any legal impediment. It is further directed that no unnecessary adjournments be granted to either of the parties and the adjournment, if prayed for, will be permissible to be

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granted only in exceptional circumstances.

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With the aforesaid directions, the present writ petition is disposed of .

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Order Date :- 8.12.2023 Prajapati

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

Shanti Devi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Shanti Devi v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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