Disposed

Milwa Devi v. State of U.P. and 2 Others

Allahabad HC1 Aug 2024WRIC/22752/2024

Case brief

AI extract

What is this about?

The High Court allowed an amendment to the prayer clause and disposed of the writ petition. It directed the Tehsildar, Jakhaniya, to decide the pending mutation case expeditiously within three months, recording reasons if delayed, while dispensing with notice to one respondent.

What did the court decide?

Direction to Tehsildar, Jakhaniya to decide the mutation case within three months; dispensation of notice to respondent no.3.

Milwa Devi vs State of U.P. and 2 Others — Landlord and Tenant | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:124852

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Court No. - 34

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Case :- WRIT - C No. - 22752 of 2024

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Petitioner :- Milwa Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Singh Counsel for Respondent :- C.S.C.

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Sri Ashok Kumar Singh, learned counsel for the petitioner, Sri Dheerendra Singh, learned Standing Counsel representing the respondents no.1 & 2 and perused the record.

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Learned counsel for the petitioner prays for and is allowed to make amendment in the prayer clause as well as in the cause title, during the course of the day.

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The present writ petition has been filed, inter alia , for the following relief:

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"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent No.2/ Tehsildar, Jakhaniya, District Ghazipur to decide the Mutation Case No. 02342/2020,Computerized Case No. T202014290502342 (Milwa Devi Vs. Ramdas Yadav), under Section 34/35 of U.P. Revenue Code, 2006, within stipulated period as directed by this Hon'ble Court.

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(ii) .....................

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(iii) ...................."

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Learned counsel for the petitioner submits that the case under Section 34 of U.P. Revenue Code, 2006 is pending for disposal since 2020 before the respondent No.2 but till date the proceeding has not been concluded.

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Sub Rule 7 of Rule 34 of the U.P. Revenue Code Rules, 2016

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provides as under:

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"............(7). The Tahsildar shall make an endeavour to decide the undisputed case of mutation within the period of 45 days from the date of the registration of the case and the disputed case of mutation within the period of 90 days and if the proceeding is not concluded within such period the reason for the same shall be recorded."

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There is a clear legislative mandate that if proceedings are not concluded within stipulated period of time as provided under the aforesaid provision, reasons for the same shall be recorded.

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Learned Standing Counsel submits that he has no objection to the extent that a direction is issued by this Court for expeditious disposal of the case within stipulated period as to be fixed by this Court.

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In view of the nature of the order proposed to be passed, the service of notice upon the respondent no.3 is dispensed with.

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Taking into consideration the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping this writ petition pending.

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Accordingly, without adverting on merits of the case and with the consent of the parties, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Tehsildar, Tehsil Jakhaniya, District Ghazipur (respondent No.2), before whom the aforementioned matter is pending for disposal, to decide the Case No. 02382/2020 (Computerized Case No. T202014290502382), strictly in accordance with law, by a reasoned and speaking order on merit after affording opportunity of hearing to the parties concerned, expeditiously and preferably within a period of three months from the date of receipt of a certified copy of this order, unless there is any legal

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impediment. It is further directed that no unnecessary adjournments be granted to either of the parties and the adjournment, if prayed for, will be permissible to be granted only in exceptional circumstances.

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With the aforesaid direction, the present writ petition is disposed of .

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Order Date :- 1.8.2024 Abhishek Gupta

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Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad

Milwa Devi v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Milwa Devi v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

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