Disposed

Smt. Ashok Kumara v. Naib Tehsildar Amethi District Amethi and 6 Others

Allahabad HC14 May 2024/2369/2024

Case brief

AI extract

What is this about?

In a petition under Article 227 seeking directions to expedite a pending mutation case under Section 34 of the U.P. Revenue Code 2006, the Allahabad High Court, Lucknow Bench disposed of the writ without adjudicating merits. The Court granted liberty to the petitioner to file an urgent application for early disposal and directed the respondent to decide it expeditiously.

What did the court decide?

Liberty granted to petitioner to move an urgency application for early disposal; respondent directed to decide it expeditiously after hearing.

Smt. Ashok Kumara Vs Naib Tehsildar Amethi District… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:36793

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Court No. - 18

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Case :- MATTERS UNDER ARTICLE 227 No. - 2369 of 2024

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Petitioner :- Smt. Ashok Kumara Respondent :- Naib Tehsildar Amethi District Amethi And 6 Others Counsel for Petitioner :- Umesh Pratap Singh,Anju Tripathi,Ashutosh Tiwari,Saurabh Pathak Counsel for Respondent :- C.S.C.

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Hon'ble Manish Kumar,J.

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Heard.

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Learned counsel for the petitioner has submitted that the present petition has been preferred for issuing a direction to the respondent no. 1-Naib Tehsildar, Tehsil Amethi, District Amethi to decide the Mutation Case No. 1605/2011-12 Computerized Case No.T201204715119 titled as Ashok Kumari Vs. Munnial filed under Section 34 of the U.P. Revenue Code, 2006, which is pending since the year 2016 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.

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It is further submitted that the application preferred by the petitioner under Section 34 of the Code, 2006 is disputed by the private respondents as such, the same is to be decided within a period of 90 days from the day of submission of the application, whereas near about 8 years have been passed but the matter is still pending.

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On being specifically asked from learned counsel for the petitioner that whether petitioner has preferred any urgency application for early disposal of the proceedings pending under Section 34 of the Code, 2006 by showing urgency in the matter before the Court concerned, it has been replied by learned counsel for the petitioner that no such application has been preferred before the Court concerned and petitioner has approached this Court directly for deciding the case expeditiously.

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At this stage, learned counsel for the petitioner has submitted that present petition may be disposed of with a liberty to the petitioner to move an urgency application for early disposal of the mutation case pending under Section 34 of the Code, 2006 before the Court concerned and if any such application is preferred by the petitioner the same may be decided by the

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respondent no. 1 within the stipulated time by this Court may fix.

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Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner.

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On the request of learned counsel for the petitioner and without entering into the merit of the case, the present petition is disposed of with liberty to the petitioner to move an urgency application in Mutation Case No. 1605/2011-12 Computerized Case No.T201204715119 filed under Section 34 of the U.P. Revenue Code, 2006 , which is pending since the year 2016 before respondent no. 1. If any such urgency application is preferred, it is expected that respondent no. 1 shall decide the urgency application expeditiously in accordance with law, after giving opportunity of hearing to the parties concerned and without providing any unnecessary adjournment to either of the parties.

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Order Date :- 14.5.2024 Ashish

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

Smt. Ashok Kumara v. Naib Tehsildar Amethi District Amethi and 6 Others

Case brief

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Smt. Ashok Kumara v. Naib Tehsildar Amethi District Amethi and 6 Others

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