Disposed

Fara Begum v. State of Up and 4 Others

Allahabad HC2 Aug 2024WRIC/23929/2024

Case brief

AI extract

What is this about?

The High Court directed the Naib Tehsildar to dispose of a pending mutation case under Section 34 of U.P. Revenue Code, 2006 within three months, adhering to statutory timelines and without unnecessary adjournments, disposing of the writ petition without adjudication on merits.

What did the court decide?

Direction to the Naib Tehsildar to decide the pending mutation case strictly in accordance with law within three months, followed by an adjournded hearing.

Fara Begum vs State of Up and 4 Others — Landlord and Tenant | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:125062

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Court No. - 34

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Case :- WRIT - C No. - 23929 of 2024 Petitioner :- Fara Begum Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Chandra Shekhar Sharma Counsel for Respondent :- Azad Rai,C.S.C.

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Sri Shailendra Kumar Singh, Advocate holding brief of Sri Chandra Shekhar Sharma, learned counsel for the petitioner, Sri Awadhesh Kumar Patel, learned Standing Counsel representing the State-respondents no.1 & 2 and perused the record.

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Sri Azad Rai, Advocate has accepted notice on behalf of the Gram Sabha / respondent no. 3.

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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 / Naib Tehsildar Manda, Tehsil Meja District Prayagraj to decide the Case No. 2874 of 2022 as computerized Case No. 202202030802874 (Farah Begum Vs. Prakash Chandra), under Section 34 of U.P. Revenue Code, 2006 Mauza Manda Khas, Pargana Khairagarh, Tehsil Meja Distric Prayagraj pending before the respondent no. 2 within some stipulated period as fixed by this Hon'ble Court."

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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 2022 before the Naib Tehsildar Manda, Tehsil Meja District Prayagraj / 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 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 nos. 4 & 5 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 Naib Tehsildar Manda, Tehsil Meja, District Prayagraj (respondent No. 2), before whom the aforementioned matter is pending for disposal, to decide the Case No. 2874 of 2022, Computerized Case No. 202202030802874 (Farah Begum Vs. Prakash Chandra), under Section 34 of U.P. Revenue Code, 2006, 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 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 :- 2.8.2024 Arif

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Fara Begum v. State of Up and 4 Others

Case brief

What is this about?

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Fara Begum v. State of Up and 4 Others

Case brief

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