Shiv Shyam Tiwari Vs Tahsildaar Milkipur Dist… — Writ and Judicial Review | Allahabad HC (2024)

Shiv Shyam Tiwari Vs Tahsildaar Milkipur Dist… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Direction issued to respondent No.1 (Tehsildar, Tehsil Milkipur, District Ayodhya) to decide mutation Case No. 1325/2021 (T202104230401325) most expeditiously, after full opportunity of hearing and without adjournments, preferably within three months from the next date fixed, if there is no other legal impediment; notice to private respondent(s) dispensed with; no opinion expressed on merits.

Issue for consideration

Whether the Court should direct expeditious disposal of the pending mutation case (Case No. 1325/2021, Computerized Case No. T202104230401325) under Section 34 of U.P. Revenue Code, 2006 before the Tehsildar, having regard to the timelines in Rule 34(7) of the U.P. Revenue Code Rules, 2016.

Ratio / Principle

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

Key takeaways

The petition is disposed of with a direction to respondent No.1 (Tehsildar) to consider and decide Case No. 1325/2021, Computerized Case No. T202104230401325 (Shiv Shyam Tiwari vs. Rmapata) most expeditiously.ratio¶10
The case is to be decided after affording full opportunity of hearing to the parties 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.ratio¶10

Detailed headnote1 paragraphs

Revenue — Mutation — Expeditious disposal — Petition under Article 227 seeking early disposal of mutation Case No. 1325/2021 (Computerized Case No. T202104230401325), Shiv Shyam Tiwari vs. Rmapata, filed under Section 34 of U.P. Revenue Code, 2006 and pending before the Tehsildar, Tehsil Milkipur, District Ayodhya — Rule 34(7) of U.P. Revenue Code Rules, 2016: mutation proceedings, being summary in nature, ought to be decided within 45 days absent dispute and preferably within 90 days where disputed — Petition disposed of with direction to respondent No.1 to decide the case most expeditiously after affording full opportunity of hearing and without granting adjournments, preferably within three months from the next date fixed, if there is no other legal impediment — Court expressly did not examine merits; Authority free to decide strictly in accordance with law.

Neutral Citation No. - 2024:AHC-LKO:2491

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 65 of 2024

Petitioner :- Shiv Shyam Tiwari Respondent :- Tahsildaar Milkipur Dist Ayodhya And Another Counsel for Petitioner :- Pramod Kumar Tiwari,Smt. Usha Tiwari

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. 1325/2021, Computerized Case No. T202104230401325 (Shiv Shyam Tiwari vs. Rmapata), filed under Section 34 of U.P. Revenue Code, 2006, which is pending before the respondent No. 1/Tehsildar, Tehsil- Milkipur, 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. 1325/2021, Computerized Case No. T202104230401325 (Shiv Shyam Tiwari vs. Rmapata) 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 :- 10.1.2024 Arun/-

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