Usha Singh Vs Tehsildar (Judicial) Circle-Tahsil… — Writ and Judicial Review | Allahabad HC (2024)

Usha Singh Vs Tehsildar (Judicial) Circle-Tahsil… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Petition disposed of with a direction to respondent No. 2 to consider and decide the pending Mutation Case No. T-202108100304069 (Usha Singh vs Vikram Singh) most expeditiously, after affording full opportunity of hearing and without granting unnecessary adjournments, preferably within three months from the next date fixed, if there is no other legal impediment; issuance of notice to the private respondent(s) was dispensed with.

Issue for consideration

Whether a direction should be issued to the Tehsildar (Judicial), Tehsil Utraula, District Balrampur to decide Mutation Case No. T-202108100304069 (Usha Singh vs Vikram Singh) under Section 34, U.P. Revenue Code, 2006, pending since August 2021, within a time-bound period.

Court's answer

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

Ratio / Principle

Since the mutation proceedings have been pending since August 2021, the Court considered that no gainful purpose will be served in keeping the petition pending.

Key takeaways

Direction issued to respondent No. 2 to consider and decide the pending proceedings of Mutation Case No. T-202108100304069 (Usha Singh vs Vikram Singh) most expeditiously, after affording full opportunity of hearing to the parties.ratio¶10
The decision is to be rendered preferably within a period of three months from the next date fixed before the authority, if there is no other legal impediment.ratio¶10
The Court clarified that it 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.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Saurabh Lavania, J.), Matters under Article 227 No. 784 of 2024, decided 20.2.2024 (Neutral Citation 2024:AHC-LKO:14726). Usha Singh sought a direction to the Tehsildar (Judicial), Tehsil Utraula, District Balrampur to decide Mutation Case No. T-202108100304069 (Usha Singh vs Vikram Singh) under Section 34, U.P. Revenue Code, 2006, pending since August 2021. Noting that under Rule 34(7) of the 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 if disputed, the Court held that no gainful purpose would be served in keeping the petition pending and disposed of it with a direction to respondent No. 2 to decide the mutation case most expeditiously, after full opportunity of hearing and without unnecessary adjournments, preferably within three months from the next date fixed, if there is no other legal impediment, expressly without examining the merits of either party's case.

Neutral Citation No. - 2024:AHC-LKO:14726

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 784 of 2024 Petitioner :- Usha Singh Respondent :- Tehsildar (Judicial) Circle-Tahsil Utraula, Distt. Balrampur And Another Counsel for Petitioner :- Iqbal Ahmad Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Lavania,J.

Heard.

In view of order proposed to be passed, issuance of notice to the privaterespondent(s) is hereby dispensed with.

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

"Issue a direction to the opposite Party no. 1 i.e. Tehsildar(Judicial), Tehsil- Utraula, District Balrampur to decide the case no. T- 202108100304069 Usha singh vs Vikram Singh U/S-34 U.P.Revenue Code-2006 is pending in the court of Tehsildar(Judicial), Tehsil-Utraula, District Balrampur for the mutation of the property at the earliest within a time fixed by the this Hon'ble court in accordance with law at the earliest time as fixed by this Hon'ble Court."

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, however, in the instant case, the proceedings for mutation are pending since August 2021, this Court is of the view that no gainful purpose will be served in keeping the aforesaid petition pending.

Accordingly the present petition is disposed of with direction to respondent No.-2 to consider and decide the pending proceedings of Mutation Case No.T-202108100304069 (Usha singh vs Vikram Singh), most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, preferably within a period of three months from the next date fixed before it, if there is no other legal impediment in this regard.

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.

With the aforesaid, the petition is disposed of.

Order Date :- 20.2.2024 Jyoti/-

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