Disposed

Chandrawati v. Tahsildar, Tahsil-Milkipur. District-Ayodhya and Another

Allahabad HC18 Jan 2024/198/2024

Case brief

AI extract

What is this about?

In a writ petition under Article 227 seeking disposal of a mutation case u/s 34 U.P. Revenue Code pending for years, the Court quashed the delay and ordered the Tahsildar to decide the matter expeditiously within three months after providing hearing.

What did the court decide?

Direction to respondent No. 1 to decide Case No. 00900/2021 most expeditiously within three months after affording full opportunity of hearing and without granting any adjournment.

Chandrawati Vs Tahsildar, Tahsil-Milkipur… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:5033

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 198 of 2024 Petitioner :- Chandrawati

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Respondent :- Tahsildar, Tahsil-Milkipur. District-Ayodhya And Another

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Counsel for Petitioner :- Pramod Kumar Tiwari,Smt. Usha Tiwari

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Counsel for Respondent :- C.S.C.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the parties.

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

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By means of this petition, the petitioner seeks expeditious disposal of Case No. 00900/2021, Computerized Case No. T202104230400900 (Smt. Chandrawati vs. Ankit Kumar and others), filed under Section 34 of U.P. Revenue Code, 2006, which is pending before the respondent No. 1/Tehsildar, TehsilMilkipur, District- Ayodhya.

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Considering 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, however, in the instant case, the proceedings for mutation are pending since 2021, the present petition is disposed of with a direction to the respondent No.1 to consider and decide the Case No. 00900/2021, Computerized Case No. T202104230400900 (Smt. Chandrawati vs. Ankit Kumar and others) most expeditiously 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, if there is no other legal impediment in this regard.

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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.

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With the aforesaid, the petition is disposed of .

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Order Date :- 18.1.2024/Arun/-

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

Chandrawati v. Tahsildar, Tahsil-Milkipur. District-Ayodhya and Another

Case brief

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Chandrawati v. Tahsildar, Tahsil-Milkipur. District-Ayodhya and Another

Case brief

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