Ganga Ram Vs Tehsildar Judicial, Tehsil Utrayla… — Writ and Judicial Review | Allahabad HC (2024)

Ganga Ram Vs Tehsildar Judicial, Tehsil Utrayla… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Direction to respondent No.1 (Tehsildar Judicial, Tehsil Utraula, District Balrampur) to consider and decide Case No. 5084/2021, Computerized Case No. T202108100305084 (Kote Ram vs. Beeche), after affording full opportunity of hearing to the parties and without granting any adjournment to either party, preferably within three months from the next date fixed in the case.

Issue for consideration

Whether the Tehsildar (Judicial), Tehsil Utraula, District Balrampur should be directed to expeditiously decide mutation Case No. 5084/2021, Computerized Case No. T202108100305084 (Kote Ram vs. Beeche), filed under Section 34 of the U.P. Revenue Code, 2006.

Court's answer

Mutation proceedings are summary in nature and, as per Rule 34(7) of the U.P. Revenue Code Rules, 2016, ought to have been decided within 45 days if there is no dispute and, if there is a dispute, should preferably be decided within 90 days.

Ratio / Principle

The Court disposed of the petition with a direction to respondent No.1 to consider and decide Case No. 5084/2021, Computerized Case No. T202108100305084 (Kote Ram vs. Beeche), after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party, preferably within a period of three months from the next date fixed in the case.

Key takeaways

The Court clarified that it has not examined the case of either party on merits and the authority concerned shall be free to decide the matter strictly in accordance with law.obiter¶10

Detailed headnote1 paragraphs

Writ jurisdiction (Article 227) — expeditious disposal of mutation case — Petition by Ganga Ram (aged about 73 years) seeking speedy decision of Case No. 5084/2021, Computerized Case No. T202108100305084 (Kote Ram vs. Beeche), filed under Section 34 of the U.P. Revenue Code, 2006 and pending before the Tehsildar (Judicial), Tehsil Utraula, District Balrampur. Noting that under Rule 34(7) of the U.P. Revenue Code Rules, 2016 mutation proceedings, being summary in nature, ought to be decided within 45 days where there is no dispute and preferably within 90 days where there is a dispute, the Court disposed of the petition with a direction to respondent No.1 to decide the case after affording full opportunity of hearing to the parties and without granting any adjournment to either party, preferably within three months from the next date fixed. The Court expressly clarified that it had not examined either party's case on merits and the authority remains free to decide strictly in accordance with law. Notice to private respondents dispensed with. (Hon'ble Saurabh Lavania, J.; Neutral Citation 2024:AHC-LKO:21765; Order Date 13.3.2024.)

Neutral Citation No. - 2024:AHC-LKO:21765

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 1235 of 2024 Petitioner :- Ganga Ram Respondent :- Tehsildar Judicial, Tehsil Utrayla, Balrampur And Others

Counsel for Petitioner :- Vimal Kishor Singh,Ashutosh Pandey Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the parties.

In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.

By means of this petition, the petitioner seeks expeditious disposal of Case No. 5084/2021, Computerized Case No. T202108100305084 (Kote Ram vs. Beeche), filed under Section 34 of U.P. Revenue Code, 2006, which is pending before the respondent No. 1/ Tehsildar (Judicial), TehsilUtraula, District- Balrampur.

Considering that the petitioner is a very old person aged about 73 years as also the fact that the case in issue relates to mutation and as per Rule 34(7) of U.P. Revenue Code Rules, 2016 made under the U.P. Revenue Code, 2006, the mutation proceedings, being summary in nature, ought to have been decided within 45 days if there is no dispute and if there is dispute, then the same should preferably be decided within 90 days, the present petition is disposed of with a direction to the respondent No.1 to consider and decide the Case No. 5084/2021, Computerized Case No. T202108100305084 (Kote Ram vs. Beeche) after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party preferably within a period of three months from the next date fixed in the case.

It is made clear that the Court has not examined the case of either party on merits and the authority concerned shall be free to decide the matter strictly in accordance with law.

With the aforesaid, the petition is disposed of .

Order Date :- 13.3.2024 Arun/-

Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench