Dwarika Prasad Vs Naib Tehsildar, Gaura, Tehsil… — Writ and Judicial Review | Allahabad HC (2025)

Dwarika Prasad Vs Naib Tehsildar, Gaura, Tehsil… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent No.1/Naib Tehsildar, Gaura, Tehsil-Raniganj, District-Pratapgarh to consider and decide mutation Case No. 01972/2020, Computerized Case No. T202002570501972 (Dwarika Prasad Vs. Jhinguri) most expeditiously, after affording full opportunity of hearing and without unnecessary adjournments, preferably within three months from the next date fixed, if there is no other legal impediment; merits not examined.

Issue for consideration

Whether the Naib Tehsildar, Gaura, Tehsil-Raniganj, District-Pratapgarh should be directed to decide the pending mutation proceeding (Case No. 01972/2020, Computerised Case No. T202002570501972, Dwarika Prasad Vrs. Jhinguri) under Section 34 of the U.P. Revenue Code, 2006 expeditiously within a period stipulated by the Court.

Court's answer

As per Rule 34(7) of the U.P. Revenue Code Rules, 2016, mutation proceedings being summary in nature ought to have been decided within 45 days if there is no dispute and preferably within 90 days if there is dispute; since the mutation proceedings here are pending since 2020, no gainful purpose will be served in keeping the present petition pending.

Ratio / Principle

The petition is disposed of with a direction to respondent No.1/Naib Tehsildar, Gaura, Tehsil-Raniganj, District-Pratapgarh to consider and decide Case No. 01972/2020, Computerized Case No. T202002570501972 (Dwarika Prasad Vs. Jhinguri) most expeditiously, after affording full opportunity of hearing and without granting unnecessary adjournments, preferably within three months from the next date fixed, if there is no other legal impediment.

Key takeaways

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.obiter¶¶11

Detailed headnote1 paragraphs

Matters Under Article 227 No. 1497 of 2025 (High Court of Judicature at Allahabad, Lucknow Bench; Saurabh Lavania, J.; order dated 20.3.2025): Dwarika Prasad, plaintiff/purchaser, sought a time-bound direction to the Naib Tehsildar, Gaura, Tehsil-Raniganj, District-Pratapgarh to decide mutation Case No. 01972/2020, Computerised Case No. T202002570501972 (Dwarika Prasad Vrs. Jhinguri) under Section 34 of the U.P. Revenue Code, 2006, pending since 2020. Noting that under Rule 34(7) of the U.P. Revenue Code Rules, 2016 mutation proceedings, being summary in nature, ought to be decided within 45 days absent dispute and preferably within 90 days where disputed, the Court held no gainful purpose would be served in keeping the petition pending and disposed of it, directing decision preferably within three months from the next date fixed, after full opportunity of hearing and without unnecessary adjournments, if there is no other legal impediment, expressly leaving the merits untouched.

Neutral Citation No. - 2025:AHC-LKO:16017

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 1497 of 2025 Petitioner :- Dwarika Prasad Respondent :- Naib Tehsildar, Gaura, Tehsil Raniganj, Pratapgarh And Another Counsel for Petitioner :- Puttu Lal Misra,Prince Verma Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the parties.

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

The instant petition has been preferred seeking following main relief(s):-

"(i) Issue an order or direction thereby commanding and directing the Naib Tehsildar, Gaura, Tehsil- Raniganj, District- Pratapgarh (respondent No. 01 herein) to decide the pending mutation proceeding bearing Case No. 01972/2020, Computerised Case No. T202002570501972, Dwarika Prasad Vrs. Jhinguri, under Section 34 of the U.P. Revenue Code, 2006, preferred by the plaintiff/purchaser (petitioner herein) expeditiously within such period which may kindly be stipulated by this Hon'ble Court."

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, however, in the instant case, the proceedings for mutation are pending since 2020, this Court is of the view that no gainful purpose will be served in keeping the present petition pending.

In view of above, the present petition is disposed of with a direction to the respondent No.1/Naib Tehsildar, Gaura, Tehsil- Raniganj, District- Pratapgarh to consider and decide the Case No. 01972/2020, Computerized Case No. T202002570501972 (Dwarika Prasad Vs. Jhinguri) most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary 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.

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.

With the aforesaid, the petition is disposed of .

Order Date :- 20.3.2025/Arun/-

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