Disposed

Dharmendra Kumar Mishra and Another v. State of U.P. Thru. Prin. Secy., Deptt. of Revenue, Lucknow and Others

Allahabad HC15 Mar 2024A227/1289/2024

Case brief

AI extract

What is this about?

The Allahabad High Court, in a writ petition under Article 227, disposed of the matter by directing the Tehsildar to decide the pending mutation case expeditiously within three months, without unnecessary adjournments, citing the summary nature of such proceedings.

What did the court decide?

Direction to respondent No.-2 to decide the pending mutation case expeditiously within three months after affording hearing to parties.

Dharmendra Kumar Mishra and Another vs State of U.P… — Landlord and Tenant | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:22814

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 1289 of 2024 Petitioner :- Dharmendra Kumar Mishra And Another Respondent :- State Of U.P. Thru. Prin. Secy., Deptt. Of Revenue, Lucknow And Others Counsel for Petitioner :- Lalji Yadav Counsel for Respondent :- C.S.C.

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Hon'ble Saurabh Lavania,J.

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Heard.

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

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

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"(i) issue a direction to the opposite party No. 2 i.e. Tehsildar, Tehsil Kunda, District- Pratapgarh to decide case No. 6445 of 2022 (Computerized Case No. T202202570106445) under section 34 of the U.P. Revenue Code 2006 "Dharmendra Kumar Mishra Versus Shyam Ji" pending since 8.11.2022 expeditiously within stipulated period as early as possible."

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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 November 2022, this Court is of the view that no gainful purpose will be served in keeping the aforesaid petition pending.

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Accordingly the present petition is disposed of with direction to respondent No.-2 to consider and decide the pending proceedings of Mutation case in Case No. 6445 of 2022, Computerized Case No. T202202570106445(Dharmendra Kumar Mishra Versus Shyam Ji), 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.

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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.

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With the aforesaid, the petition is disposed of.

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Order Date :- 15.3.2024

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Jyoti/-

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

Dharmendra Kumar Mishra and Another v. State of U.P. Thru. Prin. Secy., Deptt. of Revenue, Lucknow and Others

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Dharmendra Kumar Mishra and Another v. State of U.P. Thru. Prin. Secy., Deptt. of Revenue, Lucknow and Others

Case brief

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