Meena Devi Vs Nayab Tehsildar , Mawai, Distt… — Writ and Judicial Review | Allahabad HC (2024)

Meena Devi Vs Nayab Tehsildar , Mawai, Distt… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Direction to respondent No. 1 (Nayab Tehsildar, Mawai) to decide Case No. 2390/2023, Computerized Case No. T202304230702390 (Meena Devi vs. Maheenpta) most expeditiously, preferably within three months from the next date fixed, after affording full opportunity of hearing and without granting any adjournment to either party, if there is no other legal impediment.

Issue for consideration

Whether the pending mutation Case No. 2390/2023 (Meena Devi vs. Maheenpta) before the Nayab Tehsildar, Mawai should be directed to be decided expeditiously.

Court's answer

The petition is disposed of with a direction to respondent No. 1 to consider and decide Case No. 2390/2023 most expeditiously, 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, if there is no other legal impediment.

Ratio / Principle

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

Key takeaways

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.obiter¶¶11
In view of the order proposed to be passed, issuance of notice to the private-respondent(s) was dispensed with.ratio¶¶8

Detailed headnote1 paragraphs

Mutation – Expeditious disposal – Petition under Article 227 (Matters Under Article 227 No. 20 of 2024) seeking early decision of mutation Case No. 2390/2023, Computerized Case No. T202304230702390 (Meena Devi vs. Maheenpta), filed under Section 34, U.P. Revenue Code, 2006, pending before respondent No. 1/Nayab Tehsildar, Mawai, Tehsil Rudauli, District Ayodhya – Per Rule 34(7), U.P. Revenue Code Rules, 2016, mutation proceedings being summary in nature ought to be decided within 45 days if undisputed and preferably within 90 days if disputed – Petition disposed of with direction to respondent No. 1 to decide the case most expeditiously, preferably within three months from the next date fixed, after full opportunity of hearing and without granting adjournments, if there is no other legal impediment – Court did not examine merits; Authority free to decide strictly in accordance with law (Saurabh Lavania, J.; order dated 8.1.2024).

Neutral Citation No. - 2024:AHC-LKO:1585

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 20 of 2024

Petitioner :- Meena Devi

Respondent :- Nayab Tehsildar , Mawai, Distt, Ayodhya And Another Counsel for Petitioner :- Sujeet Kumar Sahu 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. 2390/2023, Computerized Case No. T202304230702390 (Meena Devi vs. Maheenpta), filed under Section 34 of U.P. Revenue Code, 2006, which is pending before the respondent No. 1/Nayab Tehsildar, Mawai, Tehsil Rudauli, District, Ayodhya.

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, the present petition is disposed of with a direction to the respondent No.1 to consider and decide the Case No. 2390/2023, Computerized Case No. T202304230702390 (Meena Devi vs. Maheenpta) 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.

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 :- 8.1.2024 Arun/-

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