Petitioner sought expeditious disposal of a mutation case under Section 34 of the U.P. Revenue Code pending before the Nayab Tehsildar since 2023. Without deciding merits, the High Court permitted her to move an urgency application and directed its expeditious decision.
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Neutral Citation No. - 2024:AHC-LKO:76658
Court No. - 17
Case :- MATTERS UNDER ARTICLE 227 No. - 5510 of 2024
Petitioner :- Rekha Devi Respondent :- Nayab Tehsildar Babaganj Tehsil Kunda District Pratapgarh And Another Counsel for Petitioner :- Vijay Kumar Counsel for Respondent :- C.S.C.
Hon'ble Manish Kumar,J.
Heard.
Learned counsel for the petitioner has submitted that the present petition has been preferred for issuing a direction to the respondent no.1-Nayab Tehsildar, Tehsil-Babaganj, Tehsil Kunda, District Pratapgarh to decide the Mutation Case No. 662 of 2023 Computerized Case No. T202302570100662 titled as Rekha Devi Vs. Vijay Kumar filed under Section 34 of the U.P. Revenue Code, 2006 , which is pending since the month of February, 2023 whereas as per Rule 34(7) of the U.P. Revenue Code Rules, 2016, the application filed under Section 34 of the Code, 2006, if undisputed, it is to be decided within a period of 45 days and if there is any dispute, then the same shall be decided within a period of 90 days.
It is further submitted that the application preferred by the petitioner under Section 34 of the Code, 2006 is disputed by the private respondent as such, the same is to be decided within a period of 90 days from the day of submission of the application, whereas near about 21 months have been passed but the matter is still pending.
On being specifically asked from learned counsel for the petitioner that whether petitioner has preferred any urgency application for early disposal of the proceedings pending under Section 34 of the Code, 2006 by showing urgency in the matter before the Court concerned, it has been replied by learned counsel for the petitioner that no such application has been preferred before the Court concerned and petitioner has approached this Court directly for deciding the case expeditiously.
At this stage, learned counsel for the petitioner has submitted that present petition may be disposed of with a liberty to the petitioner to move an urgency application for early disposal of the mutation case pending under Section 34 of the Code, 2006 before the Court concerned and if any such application is preferred by the petitioner the same may be decided by the respondent no. 1 within the stipulated time by this Court may fix.
On the request of learned counsel for the petitioner and without entering into the merit of the case, the present petition is disposed of with liberty to the petitioner to move an urgency application in aforesaid case, which is pending since the year 2023 before respondent no. 1. If any such urgency application is preferred, it is expected that respondent no. 1 shall decide the urgency application expeditiously in accordance with law, after giving opportunity of hearing to the parties concerned, in case there is no legal impediment and if any adjournment is unavoidable only short adjournment may be given.
Order Date :- 20.11.2024 Nitesh
Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench
2 provisions across 2 enactments
Rekha Devi
Nayab Tehsildar Babaganj Tehsil Kunda District Pratapgarh
Manish Kumar
As recorded by the court registry
2 orders share this CNR
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