Gayalal Vs State of U.P. and Another

Court No. - 51

Case :- WRIT - C No. - 42761 of 2023

Petitioner :- Gayalal Respondent :- State of U.P. and Another Counsel for Petitioner :- Prakash Veer Tripathi Counsel for Respondent :- C.S.C.

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Hon'ble Chandra Kumar Rai,J.

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Heard Mr. Prakash Veer Tripathi, learned counsel for the petitioner, Mr. Anand Upadhyay, learned State Law Officer for the State Respondent.

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The instant petition has been filed for mandamus directing the respondent no. 2, Tehsildar, Tehsil Dumariyaganj, DistrictSiddharth Nagar to decide the pending cases bearing Case No. RST/2572 of 2017, computerized no. T201717630402572, (Gayalal Versus Dashratha) under Section 34 of U.P. Revenue Code, 2006 pending before him, within stipulated period.

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Learned counsel for the petitioner submitted that aforementioned mutation proceeding is pending since 2017. He further placed the copy of the ordersheet which has been annexed as Annexure No. 2 to the writ petition in order to demonstrate that matter is not proceeding expeditiously as provided under Rule 34(7) of the U.P. Revenue Code Rules, 2016.

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Mr. Anand Upadhayay, learned State Law Officer submitted that case was dismissed for non-prosecution, which has been restored later on, as such, mutation proceeding is still pending.

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Without expressing any opinion on merits of the case and keeping in view of the facts and circumstances, respondent no. 2 is directed to decide the aforementioned case on merits after giving an opportunity of hearing to the parties in accordance with law expeditiously preferably within a period of two months from the date of production of certified copy of this order before him.

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Accordingly, the writ petition is finally disposed of .

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Order Date :- 12.12.2023 Anjali

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Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad

Gayalal v. State of U.P. and Another

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Gayalal v. State of U.P. and Another

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