Disposed
Smt. Jaiki v. State of U.P. Thru. Secy. Home Lko. and 2 Others
Allahabad HC/907/2024
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No. - 2024:AHC-LKO:16943 Court No. - 7 Case…
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No. - 2024:AHC-LKO:16943 Court No. - 7 Case…
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Neutral Citation No. - 2024:AHC-LKO:16943
Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 907 of 2024 Petitioner :- Smt. Jaiki Respondent :- State Of U.P. Thru. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Tribhuvan Narai Singh Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Lavania,J.
Heard.
At the very outset, learned Counsel for the petitioner stated that inadvertently due to typographical error statutory provision, could not be corrected and he may be permitted to correct the same during the course of the day.
Learned State Counsel has no objection to the prayer made by the learned Counsel for the petitioner.
Accordingly, the petitioner is permitted to carry out necessary corrections in paragraph-4 of the writ petition and in prayer clause, during the course of the day.
In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.
The present petition has been filed for the following main relief:-
"ISSUE a order or direction the opposite party no. 2 to decide the mutation application computer no. T202102570109366, Case No. 9366/2021 U/s 34 of U.P. Revenue Code, 2006, Smt. Jaiki Versus Radheshyam within early period prescribed by this Hon'ble Court."
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 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/Tehsildar, Tehsil Kunda, District Pratapgarh to consider and decide the pending proceedings of Mutation case in Case No. 9366/2021, computerized case no. T202102570109366, (Smt. Jaiki Versus Radheshyam), 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 :- 26.2.2024
Jyoti/-
Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench
2 provisions across 2 enactments
Smt. Jaiki
State Of U.P. Thru. Secy. Home Lko.
Saurabh Lavania
As recorded by the court registry
2 orders share this CNR
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