Sumitra Devi Vs Tehsildar (Judicial ), Tehsil… — Writ and Judicial Review | Allahabad HC (2024)

Sumitra Devi Vs Tehsildar (Judicial ), Tehsil… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Direction to the Tehsildar (Judicial), Tehsil-Kunda, District-Pratapgarh (respondent No. 1) to decide Mutation Case No. 153 (Computerized Case No. T-199902570100003, 'Sumitra Versus Raghunath') under Section 34, U.P. Revenue Code 2006 most expeditiously, after affording full opportunity of hearing and without granting any adjournment, preferably within three months from the next date fixed, if there is no other legal impediment; no adjudication on merits.

Issue for consideration

Whether the Tehsildar (Judicial), Tehsil-Kunda, District-Pratapgarh (opposite party no.1) should be directed to decide Mutation Case No. 153 (Computerized Case No. T-199902570100003) 'Sumitra Versus Raghunath' under Section 34, U.P. Revenue Code 2006 — pending since 1999 notwithstanding the limitation prescribed under Rule 34(7) of the U.P. Revenue Code Rules, 2016 (45 days if no dispute, 90 days if disputed) for summary mutation proceedings — most expeditiously.

Court's answer

No gainful purpose would be served in keeping the petition pending; ends of justice are served by directing respondent No. 1 to consider and decide the pending proceedings of Mutation Case No. 153, Computerized Case No. T-199902570100003 (Sumitra Versus Raghunath) most expeditiously, after affording full opportunity of hearing to the parties but without granting any adjournment to either of the parties, preferably within a period of three months from the next date fixed in the matter, if there is no other legal impediment.

Ratio / Principle

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

Key takeaways

This Court has not examined the case of either of the parties on merits; the authority concerned shall be free to decide the matter strictly in accordance with law.obiter¶12

Detailed headnote1 paragraphs

Expedition of mutation proceedings pending since 1999 — Petition under Article 227 (Matters under Article 227 No. 136 of 2024) by Sumitra Devi seeking a direction to the Tehsildar (Judicial), Tehsil-Kunda, District-Pratapgarh to decide Mutation Case No. 153 (Computerized Case No. T-199902570100003) 'Sumitra Versus Raghunath', under Section 34, U.P. Revenue Code 2006, initiated in 1999 and still unconcluded. Reliance placed on Rule 34(7) of the U.P. Revenue Code Rules, 2016 prescribing 45 days (no dispute) / 90 days (dispute) for disposing of summary mutation proceedings. Notice to private respondents dispensed with; learned standing counsel had no objection to an expedition order. The Court (Saurabh Lavania, J.) directed respondent No. 1 to consider and decide the pending mutation proceedings most expeditiously, affording full opportunity of hearing and granting no adjournment to either side, preferably within three months from the next date fixed, subject to there being no other legal impediment, while clarifying that it had not examined the merits and the authority remained free to decide strictly in accordance with law. Petition disposed of. Order dated 16.1.2024 (Allahabad High Court, Lucknow Bench).

Neutral Citation No. - 2024:AHC-LKO:4044

Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 136 of 2024 Petitioner :- Sumitra Devi Respondent :- Tehsildar (Judicial ), Tehsil Kunda, Pratapgarh And Others Counsel for Petitioner :- Sadanand,Indu Mohan,Priyam Mishra Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Lavania,J.

Heard.

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

The present petition has been filed for the following main relief:-

"(i) Direct the Tehsildar (Judicial), Tehsil-Kunda District- Pratapgarh (opposite party no.1) to decide the Mutation Case No. 153 (Computerized Case No. T- 199902570100003) "Sumitra Versus Raghunath" Under Section 34 U.P. Revenue Code 2006 pending before the Court of Tehsildar, Tehsil-Kunda District-Pratapgarh in accordance with law within a period as fixed by this Hon'ble Court."

It is stated that the mutation proceedings are summary in nature and being so, the same ought to have been decided expeditiously. It is further stated that in the Rule 34(7) of U.P. Revenue Code Rules, 2016 made under the U.P. Revenue Code, 2006, the limitation has been prescribed for deciding the mutation case as per which 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. However, the proceedings which were initiated by the petitioner in the year 1999, have not been concluded till date. In these circumstances, the indulgence of this Court is required. The prayer is to expedite the said pending proceedings expeditiously.

It is further submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the matter has not yet been decided.

Learned standing counsel submits that he has no objection in case an expedite order is passed.

Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.-1 to consider and decide the pending proceedings of Mutation Case No. 153, Computerized Case No. T- 199902570100003 (Sumitra Versus Raghunath) most expeditiously, after affording full opportunity of hearing to the parties, but without granting any adjournment to either of the parties preferably within a period of three months from the next date fixed in the matter, if there is no other legal impediment in this regard.

It is made clear that the Court has not examined the case of either of the parties 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 :- 16.1.2024

Jyoti/-

Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench