Disposed

Shiv Shyam Tiwari v. Tahsildaar Milkipur Dist Ayodhya and Another

Allahabad HC10 Jan 2024A227/65/2024

Case brief

AI extract

What is this about?

This writ petition under Article 227 sought expeditious disposal of mutation proceedings under the U.P. Revenue Code. The court exercised its superintendence jurisdiction to direct the Revenue Authority to decide the pending case within three months after hearing parties.

What did the court decide?

Direction to respondent to decide Case No. 1325/2021 expeditiously within three months after hearing parties and without adjournment.

Shiv Shyam Tiwari vs Tahsildaar Milkipur… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:2491

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 65 of 2024

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Petitioner :- Shiv Shyam Tiwari Respondent :- Tahsildaar Milkipur Dist Ayodhya And Another Counsel for Petitioner :- Pramod Kumar Tiwari,Smt. Usha Tiwari

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Counsel for Respondent :- C.S.C.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the parties.

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

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By means of this petition, the petitioner seeks expeditious disposal of Case No. 1325/2021, Computerized Case No. T202104230401325 (Shiv Shyam Tiwari vs. Rmapata), filed under Section 34 of U.P. Revenue Code, 2006, which is pending before the respondent No. 1/Tehsildar, Tehsil- Milkipur, District- Ayodhya.

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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, the present petition is disposed of with a direction to the respondent No.1 to consider and decide the Case No. 1325/2021, Computerized Case No. T202104230401325 (Shiv Shyam Tiwari vs. Rmapata) most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party preferably within a period of three months from the next date fixed in the case, 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 party 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 :- 10.1.2024 Arun/-

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Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

Shiv Shyam Tiwari v. Tahsildaar Milkipur Dist Ayodhya and Another

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Shiv Shyam Tiwari v. Tahsildaar Milkipur Dist Ayodhya and Another

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