Allowed

Shiv Raj Kumar Verma and Others v. Nayab Tehsildar, Tehsil Fateh Pur, Barabanki and Others

Allahabad HC18 Nov 2024/5426/2024

Case brief

AI extract

What is this about?

This writ petition challenged the non-decision of a mutation case pending since 1989. The Allahabad High Court held that such extraordinary delay deprives parties of justice and directed the respondent to decide consolidated cases within six months without unnecessary adjournments.

What did the court decide?

Direction to the respondent to decide all consolidated cases within six months of production of the certified copy of this order.

Shiv Raj Kumar Verma and Others Vs Nayab Tehsildar… — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:75688

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Court No. - 17

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Case :- MATTERS UNDER ARTICLE 227 No. - 5426 of 2024

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Petitioner :- Shiv Raj Kumar Verma And Others Respondent :- Nayab Tehsildar, Tehsil Fateh Pur, Barabanki And Others Counsel for Petitioner :- Vijay Prakash Srivastava 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 petitioners has submitted that present writ petition has been preferred for issuing direction to the Naiab Tehsildar, Tehsil Fatehpur, District- Barabanki (respondent no.1) to decide mutation Case No. 276/9/05/668/202 original suit no. 668 U/s 34/35 U.P. Land Revenue Act filed in the year 1989 i.e. pending from last more than 34-35 years.

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On the other hand, learned State Counsel, on the basis of the instructions received from Naiab Tehsildar, Tehsil- Fatehpur, District- Barabanki submits that there are several mutation cases relating to the same land and due to the long pendency, certain claimants or respondents had expired. The substitution applications were preferred by the legal heirs, which are allowed and all the cases have been consolidated and the hearing is going on.

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Per contra, learned counsel for petitioners has submitted that the cases have been consolidated in the year 2016 itself and about eight years have been passed but till date no decision has been taken and the petitioners are running from pillar to post for getting justice.

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After hearing the learned counsel for parties and going through the record of the case, the mutation cases relating to the same land are pending since in the year 1989 i.e. from about 34-35 years including the case of the petitioners. Such a delay in dispensation of justice is nothing but amounts to depriving the person from getting justice for such a long time is not acceptable. As submitted by learned State Counsel that the final hearing is going on, the such extraordinary circumstances that the matter is pending from last about more than 34 years, the respondent no. 1 is directed to decide all the cases which have been consolidated within a period of six months from the date a

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certified copy of this order is produced before him, without granting any unnecessary adjournment either of the parties until and unless it is required .

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With aforesaid directions, petition is allowed.

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Order Date :- 18.11.2024 Satish

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Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench

Shiv Raj Kumar Verma and Others v. Nayab Tehsildar, Tehsil Fateh Pur, Barabanki and Others

Case brief

What is this about?

What did the court decide?

Shiv Raj Kumar Verma and Others v. Nayab Tehsildar, Tehsil Fateh Pur, Barabanki and Others

Case brief

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