Disposed

Reeta v. State of U.P. Thru. Prin. Secy. Revenue Lko. and 2 Others

Allahabad HC10 Jan 2024/72/2024

Case brief

AI extract

What is this about?

Petitioner sought expeditious disposal of a pending mutation case under Section 34 of the UP Revenue Act, 1901. Court directed response authority to decide within three months with full hearing opportunities.

What did the court decide?

Direction to consider and decide the mutation case within three months after affording full opportunity of hearing without adjournment.

Reeta Vs State of U.P. Thru. Prin. Secy. Revenue Lko… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:2520

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 72 of 2024

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Petitioner :- Reeta

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Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 2 Others

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Counsel for Petitioner :- Sarjoo Ram,Aklavya,Ved Prakash Sharma

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Counsel for Respondent :- C.S.C.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the parties.

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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 petitioner has sought the following main relief:-

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"I. To issue a order or direction to the opposite Party No 2 to decide the case within the period of three month bearing case number RST/4998/2014 Computerized case number T 20140423074998 (Smt Reeta Versus Krishną Magan) under section 34 UP revenue Act 1901 pending before opposite party No-2 Learned Tahseeldar (Judicial) Tahseel- Rudauli, DistrictAyodhya (contained as annexure No-2) in the interest of Justice."

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It is stated by the petitioner's counsel that the petitioner earlier approached this Court by means of a petition i.e. MATTERS UNDER ARTICLE 227 No. 4210 of 2023 (Reeta vs. State of U.P. and others) seeking expeditious disposal of the recall application dated 13.10.2021 and said petition was disposed of vide order dated 03.11.2022 and taking note of the observation made by this Court, the recall application was disposed of on 14.06.2023 and since then the case in issue, which relates to mutation, is pending consideration till date, though, as per law, the mutation proceedings, being summary in nature, ought to have been decided expeditiously and the case in issue is still pending and on account of pendency of the same, the petitioner is suffering great hardship. As such, the present petition has been filed for expeditious disposal of the mutation case.

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Taking note of the aforesaid as also the fact that it appears from the record that recall application was preferred in the year 2014,

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the present petition is disposed of with a direction to the respondent No. 2 to consider and decide the mutation case in issue 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.

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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.

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With the aforesaid, the petition is disposed of .

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Order Date :- 10.1.2024 Arun/-

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

Reeta v. State of U.P. Thru. Prin. Secy. Revenue Lko. and 2 Others

Case brief

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Reeta v. State of U.P. Thru. Prin. Secy. Revenue Lko. and 2 Others

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