Dismissed

Vindheshvari v. Tehsildar Tehsil Rudouli Distt. Ayodhya and 2 Others

Allahabad HC22 Apr 2024/1927/2024

Case brief

AI extract

What is this about?

In this Article 226 writ petition, the Allahabad High Court (Lucknow Bench) directed the Tehsildar to decide a disputed application filed under Section 34 of the U.P. Revenue Code, 2006, which had been pending for over four years beyond the statutory timeline, ensuring hearings were conducted without unnecessary adjournments.

What did the court decide?

Direction to the Tehsildar to decide the pending application expeditiously within the stipulated time after giving opportunity of hearing.

Vindheshvari Vs Tehsildar Tehsil Rudouli Distt. Ayodhya… — Land Acquisition | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:31041

¶2

Court No. - 18

¶3

Case :- MATTERS UNDER ARTICLE 227 No. - 1927 of 2024

¶4

Petitioner :- Vindheshvari

¶5

Respondent :- Tehsildar Tehsil Rudouli Distt. Ayodhya And 2 Others Counsel for Petitioner :- Rajeev Kumar Srivastava,Shiva Nand Mishra

¶6

Counsel for Respondent :- C.S.C.

¶7

Hon'ble Manish Kumar,J.

¶8

Supplementary affidavit filed by learned counsel for the petitioner is taken on record.

¶9

Heard learned counsel for the petitioner and learned Standing Counsel for the State.

¶10

It is submitted by learned counsel for the petitioner that the present writ petition has been preferred for issuing direction to the respondent no. 1/Tehsildar, Tehsil Rudauli, District Ayodhya to decide the Case No. T201904230704406(Smt. Renu Devi and another Vs. Parvati (now dead) filed under Section 34 of the U.P. Revenue Code, 2006, which is pending since the year 2019 whereas as per Rule 34(7) of the U.P. Revenue Code Rules, 2016, the application filed under Section 34 of the Code, 2006, if undisputed, it is to be decided within a period of 45 days and if there is any dispute, then the same shall be decided within a period of 90 days.

¶11

It is further submitted that the application preferred by the petitioner under Section 34 of the Code, 2006 is disputed by the private respondents by filing objections as such, the same is to be decided within a period of 90 days from the day of submission of the application, whereas more than about 4 years have been passed but the matter is still pending hence, a direction may be issued to the respondent no. 1 to take a decision on the application of the petitioner within a stipulated time as this Court may fix.

¶12

On the other hand, learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner.

¶13

On the request of learned counsel for the petitioner and without entering into the merits of the case, it is expected that the respondent no. 1 shall make endeavour to decide the Case No.

¶14

T201904230704406(Smt. Renu Devi and another Vs. Parvati (now dead) filed under Section 34 of the U.P. Revenue Code, 2006, which is pending since the year 2019, expeditiously, in accordance with law, after giving opportunity of hearing to the parties concerned, within a stipulated time as provided under the statute, from the date of production/receipt of certified copy of this order, without granting any unnecessary adjournment to either of the parties.

¶15

With the aforesaid observations and directions, the writ petition is disposed of.

¶16

Order Date :- 22.4.2024 Ashish

¶17

Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Vindheshvari v. Tehsildar Tehsil Rudouli Distt. Ayodhya and 2 Others

Case brief

What is this about?

What did the court decide?

Vindheshvari v. Tehsildar Tehsil Rudouli Distt. Ayodhya and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Ram Kripal Vs Deputy Director of Consolidation Pratapgarh and Others

Ram Dular Vs D.D.C.

Chhedi Alias Chhedi Prasad Yadav Vs Addil. Commissioner Judicial Ayodhya Mandal and 8 Others

Rakesh Acharya Major and Ors. Vs Board of Revenue U.P. Lucknow and Ors.

Chanda Begam Vs Board of Revenue Lko. Thru. Chairman and 5 Others

Santosh Kumar Vs Addl. Commissioner Admin. First Devipatan Mandal Gonda and 8 Others