Disposed¶12

Hansh Raj v. Tehsildar Judicial, Tehsil Tarbganj, Gonda and Others

Allahabad HC27 Feb 2025A227/1071/2025

Case brief

AI extract

What is this about?

Article 227 writ jurisdiction; expeditious disposal / expedite order for pending mutation case; Mutation Application No. T201908300600135; U.P. Revenue Code, 2006, Section 34 and 35 (2); Tehsildar Judicial, Tehsil Tarbganj, Gonda; Hansh Raj v. Smt. Raj Kumari; delay and adjournments in revenue proceedings; full opportunity of hearing; merits left to revenue authority; notice dispensed for private respondents 2 to 8; C.S.C.; Allahabad High Court Lucknow Bench; single judge Jaspreet Singh; petition disposed of.

What did the court decide?

Direction to respondent No. 1 to decide Mutation Application No. T201908300600135 (Hansh Raj Vs. Smt. Raj Kumari) expeditiously, affording full opportunity of hearing and granting no unnecessary adjournments; merits expressly left unexamined by this Court. ¶12

Hansh Raj Vs Tehsildar Judicial, Tehsil Tarbganj, Gonda and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Court should direct respondent No. 1 to consider and finally decide the pending Mutation Application No. T201908300600135 (Hansh Raj Vs. Smt. Raj Kumari) expeditiously.

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Court's answer

The Court directed respondent No. 1 to consider and finally decide the pending proceedings of Mutation Application No. T201908300600135 (Hansh Raj Vs. Smt. Raj Kumari) as expeditiously as possible, affording full opportunity of hearing to the parties but without granting any unnecessary adjournment to either of the parties.

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Ratio / Principle

The Court made clear that it has not examined the case of either party on merits; the authority concerned shall consider and decide the matter strictly in accordance with law.

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Detailed headnote1 paragraphs

Petition (Matters Under Article 227 No. 1071 of 2025) filed by Hansh Raj before the High Court of Judicature at Allahabad, Lucknow Bench, seeking expeditious disposal of Mutation Application No. T201908300600135 (Hansh Raj Vs. Smt. Raj Kumari) filed under Section 34 and 35 (2) of the U.P. Revenue Code, 2006, pending before the Tehsildar Judicial, Tehsil Tarbganj, Gonda. Though a large number of dates had been fixed, the case remained undecided. Learned standing counsel raised no objection to an expedite order. The Court held that no gainful purpose would be served in keeping the petition pending and directed respondent No. 1 to consider and finally decide the pending proceedings as expeditiously as possible, affording full opportunity of hearing but without granting unnecessary adjournments, expressly clarifying that it had not examined the merits and that the authority must decide strictly in accordance with law. Petition disposed of (order dated 27.2.2025, Hon'ble Jaspreet Singh, J.).

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Neutral Citation No. - 2025:AHC-LKO:12181

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 1071 of 2025 Petitioner :- Hansh Raj Respondent :- Tehsildar Judicial, Tehsil Tarbganj, Gonda And Others Counsel for Petitioner :- Kaushal Mani Tripathi,Vayu Nandan Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioner. Notice on behalf of the respondents No.1 has been accepted by the office of the Chief Standing Counsel.

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In view of the order proposed to be passed by this Court, notice to the private-respondent Nos. 2 to 8 is dispensed with.

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By means of the instant petition, the petitioner seeks expeditious disposal of his Case bearing Mutation Application No.T201908300600135 ( Hansh Raj Vs. Smt. Raj Kumari) filed under Section 34 and 35 (2) of the U.P. Revenue Code, 2006 pending before the respondent No.1.

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It is submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the matter has not yet been decided.

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Learned standing counsel submits that he has no objection in case an expedite order is passed.

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Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.1 to consider and finally decide the pending proceedings of Case bearing Mutation Application No.T201908300600135 ( Hansh Raj Vs. Smt. Raj Kumari) filed under Section 34 and 35 (2) of the U.P. Revenue Code, 2006 as expeditiously as possibly, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties.

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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 consider and 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 :- 27.2.2025 Asheesh/-

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

Hansh Raj v. Tehsildar Judicial, Tehsil Tarbganj, Gonda and Others

Case brief

What is this about?

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Hansh Raj v. Tehsildar Judicial, Tehsil Tarbganj, Gonda and Others

Case brief

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