Disposed

Rajendra Prasad Pandey v. Tehsildar Tehsil Alapur District Ambedkar Nagar and 2 Others

Allahabad HC22 Jan 2024/261/2024

Case brief

AI extract

What is this about?

The court disposed of a writ petition under Article 227 seeking expedited disposal of a pending mutation case under Section 34 of U.P. Revenue Code, 2006. Notice to the private respondent was dispensed with, and the Tehsildar was directed to decide the case within three months.

What did the court decide?

Order that the Tehsildar decide the pending mutation case under Section 34 within three months; notice to private respondent dispensed with.

Rajendra Prasad Pandey Vs Tehsildar Tehsil Alapur… — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:6079

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 261 of 2024 Petitioner :- Rajendra Prasad Pandey Respondent :- Tehsildar Tehsil Alapur District Ambedkar Nagar And 2 Others Counsel for Petitioner :- Anand Prakash Pandey,Dr.Surya Prakash Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Saurabh Lavania,J.

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Heard.

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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 petitioners seek expeditious disposal of Case No. 03307 of 2020 (Computerized Case No. T202004040403307) filed under Section 34 of the U.P. Revenue Code, 2006 which is pending before the respondent No. 1.

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Taking note of the fact that the mutation case, as per Rule 34(7) of the U.P. Revenue Code Rules, 2016 made under the U.P. Revenue Code, 2006, being summary in nature, should be decided preferably within 45 days if there is no dispute and if there is dispute, the same shall be decided within 90 days and in the instant case, the mutation case instituted under Section 34 of U.P. Revenue Code, 2006 is pending since 25.10.2022 as also that learned State counsel has no objection in case an expedite order is passed, this Court is of the view that no fruitful purpose will be served in keeping this petition pending.

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Accordingly, this petition is disposed of with a direction to the respondent No.1-Tehsildar Tehsil Alapur District Ambedkar Nagar to consider and decide Case No. 03307 of 2020, 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 possible and if there is no other legal impediment in this regard.

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It is made clear that this 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 :- 22.1.2024 Mohit Singh/-

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Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Rajendra Prasad Pandey v. Tehsildar Tehsil Alapur District Ambedkar Nagar and 2 Others

Case brief

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Rajendra Prasad Pandey v. Tehsildar Tehsil Alapur District Ambedkar Nagar and 2 Others

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