Disposed

Smt.Prabhawati Shahi v. Tehsildar Tehsil Balrampur Dist. Balrampur and 2 Others

Allahabad HC1 Feb 2024/447/2024

Case brief

AI extract

What is this about?

In a writ petition under Article 227, the Court, without merits, directed the Tehsildar to decide a pending mutation recall application within three months after hearing parties, dispensing with notice to respondents due to extreme pendency.

What did the court decide?

Direction to Tehsildar to decide pending recall application in mutation case within three months.

Smt.Prabhawati Shahi Vs Tehsildar Tehsil Balrampur… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:9239

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 447 of 2024 Petitioner :- Smt.Prabhawati Shahi Respondent :- Tehsildar Tehsil Balrampur Dist. Balrampur And 2 Others Counsel for Petitioner :- Rakesh Pratap Singh 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 privaterespondent(s) is hereby dispensed with.

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The present petition has been filed for the following main relief:-

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"i). That an appropriate order or direction be passed in exercise of power under Section 227 of the Constitution of India, to direct the opposite party no.1 to decide the matter of mutation bearing Case No.8473 of 2021 (Computerized Case No. T202108100108473) which has been agitated by the petitioner by moving an application for recall/restoration of the order dated 01-03-2016 (contained as Annexure No.7 to this Petition) and by moving an appropriate application for restoration and delay condonation within a stipulated period of time as fixed by this Hon'ble Court."

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Considering the period of pendency of the application in issue i.e. about 7 years as also that the case related to mutation of name(s) in revenue records should be decided expeditiously, being summary in nature, the present petition is disposed of with direction to opposite party no.1/Tehsildar, Tehsil Balrampur, District Balramapur to consider and decide the pending recall application in the of Case No.8473 of 2021, Computerized Case No. T202108100108473 most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, preferably within three months from the next date fixed before it, 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 of the parties 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 :- 1.2.2024

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Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Smt.Prabhawati Shahi v. Tehsildar Tehsil Balrampur Dist. Balrampur and 2 Others

Case brief

What is this about?

What did the court decide?

Smt.Prabhawati Shahi v. Tehsildar Tehsil Balrampur Dist. Balrampur and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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