Faujdar @ Faujdar Rambali Jaiswar Vs Nayab… — Writ and Judicial Review | Allahabad HC (2024)

Faujdar @ Faujdar Rambali Jaiswar Vs Nayab… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Direction to respondent No. 1 (Nayab Tahsildar, Tahsil Kadipur, District Sultanpur) to consider and decide the pending mutation case No. T201804680402900 (Faujdar and Others Versus Ramnath) most expeditiously, with full opportunity of hearing and without unnecessary adjournments, preferably within three months from the next date fixed, if possible and if there is no other legal impediment.

Issue for consideration

Whether respondent No. 1 (Nayab Tahsildar, Tahsil Kadipur, District Sultanpur) should be directed to decide the petitioner's pending mutation case registered as Case No. T201804680402900 (Faujdar and Others Versus Ramnath) under Section 34 of the Uttar Pradesh Revenue Code, 2006 within a stipulated period.

Court's answer

In view of the settled principles of law that mutation proceedings being summary in nature should preferably be decided expeditiously, and as the case in issue is pending since long, no gainful purpose will be served in keeping the petition pending.

Ratio / Principle

The petition is disposed of with a direction to respondent No. 1 to consider and decide the pending mutation case (Case No. T201804680402900, Faujdar and Others Versus Ramnath) most expeditiously, after affording full opportunity of hearing to the parties, without granting unnecessary adjournments, preferably within three months from the next date fixed before it, if possible and if there is no other legal impediment.

Key takeaways

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.ratio¶11

Detailed headnote1 paragraphs

Matters Under Article 227 No. 87 of 2024, High Court of Judicature at Allahabad, Lucknow Bench (Hon'ble Saurabh Lavania, J.; Order Date 11.1.2024). Petitioner Faujdar @ Faujdar Rambali Jaiswar sought a direction to respondent No. 1, the Nayab Tahsildar, Tahsil Kadipur, District Sultanpur, to decide his mutation case registered as Case No. T201804680402900 (Faujdar and Others Versus Ramnath) under Section 34 of the Uttar Pradesh Revenue Code, 2006 (U.P. Act No. 8 of 2012), as amended by U.P. Ordinance No. 4 of 2015, within a stipulated period, the case having been pending since long. Notice on the private-respondents was dispensed with. Holding that mutation proceedings, being summary in nature, should preferably be decided expeditiously, the Court disposed of the petition, directing respondent No. 1 to consider and decide the pending mutation case most expeditiously, after affording full opportunity of hearing to the parties and without granting unnecessary adjournments, preferably within three months from the next date fixed before it, if possible and if there is no other legal impediment. The Court expressly clarified that it had not examined the case of either party on merits and that the authority concerned remains free to decide the matter strictly in accordance with law.

Neutral Citation No. - 2024:AHC-LKO:2949

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 87 of 2024 Petitioner :- Faujdar @ Faujdar Rambali Jaiswar Respondent :- Nayab Tahsildar Tahsil Kadipur Distt. Sultanpur And Another Counsel for Petitioner :- Sudhir Kumar Misra,Anoop Kumar,Mohd. Khurshid Akhtar Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Lavania,J.

Heard.

In view of the order proposed to be passed by this Court, notice to the private-respondents is dispensed with.

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

"Issue an Order or Direction to the opposite party No. 1 to decide the mutation case of the petitioner registered as Case No.T201804680402900 (Faujdar and Others Versus Ramnath) under Section 34 of the Uttar Pradesh Revenue Code, 2006 (U.P. Act No. 8 of 2012), as amended by U.P. Ordinance No. 4 of 2015 within a stipulated period as early as possible."

In view of the settled principles of law that mutation proceedings being summary in nature, should preferably be decided expeditiously and the case in issue is pending since long, 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.-1 to consider and decide the pending proceedings of Mutation case in Case No.T201804680402900 (Faujdar and Others Versus Ramnath), 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 possible and 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 :- 11.1.2024 Jyoti/-

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