Smt. Laldei Vs Naib Tehsildar, Ramnagar, Tehsil… — Writ and Judicial Review | Allahabad HC (2025)

Smt. Laldei Vs Naib Tehsildar, Ramnagar, Tehsil… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent No.1 (Naib Tehsildar, Ram Nagar, Tehsil-Aalapur, District-Ambedkar Nagar) to consider and decide Case No.1108/2017, Computerized Case No.T201704467041108, Smt. Laldei v. Tadi @ Rajman, most expeditiously after affording full opportunity of hearing and without unnecessary adjournments, preferably within three months, if possible, from the next date fixed, if there is no other legal impediment.

Issue for consideration

Whether a direction should issue to opposite party no. 1 (Naib Tehsildar, Ramnagar, Tehsil-Aalapur, District-Ambedkar Nagar) to decide Case No.1108/2017 (Computerized Case No.T201704467041108), Smt. Laldei v. Tadi @ Rajman, under Section 34 of the U.P. Revenue Code, 2006, expeditiously within a stipulated period.

Court's answer

Mutation proceedings are summary in nature and, as per Rule 34(7) of the U.P. Revenue Code Rules, 2016, ought to be decided within 45 days if there is no dispute, and preferably within 90 days if there is a dispute; accordingly, no gainful purpose would be served in keeping the petition pending.

Ratio / Principle

The petition is disposed of with a direction to respondent No.1 (Naib Tehsildar, Ram Nagar, Tehsil-Aalapur, District-Ambedkar Nagar) to consider and decide Case No.1108/2017 (Computerized Case No.T201704467041108), Smt. Laldei v. Tadi @ Rajman, most expeditiously after affording full opportunity of hearing and without granting unnecessary adjournment to either party, preferably within three months, if possible, from the next date fixed, provided 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 remain free to decide the matter strictly in accordance with law.obiter¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Saurabh Lavania, J.), by order dated 24.3.2025, disposed of a petition under Article 227 filed by Smt. Laldei seeking a direction to the Naib Tehsildar, Ramnagar (Tehsil Aalapur, District Ambedkar Nagar) to decide Case No.1108/2017 (Computerized Case No.T201704467041108), Smt. Laldei v. Tadi @ Rajman, under Section 34 of the U.P. Revenue Code, 2006, expeditiously. Observing that the case relates to mutation and that under Rule 34(7) of the U.P. Revenue Code Rules, 2016 summary mutation proceedings ought to be decided within 45 days where there is no dispute and preferably within 90 days where there is a dispute, the Court held that no gainful purpose would be served in keeping the petition pending. The petition was disposed of with a direction to respondent No.1 to consider and decide the case after affording full opportunity of hearing and without unnecessary adjournments, preferably within three months from the next date fixed, if possible and absent any legal impediment. The Court expressly clarified that it had not examined the merits and that the Authority remained free to decide the matter strictly in accordance with law.

Neutral Citation No. - 2025:AHC-LKO:16656

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 1540 of 2025 Petitioner :- Smt. Laldei Respondent :- Naib Tehsildar, Ramnagar, Tehsil Aalapur, Ambedkar Nagar And 2 Others Counsel for Petitioner :- Ashutosh Pandey Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the petitioner, Shri Yogesh Kumar Awasthi, learned Standing Counsel for the State and perused the record.

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

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

"(a). Direct the opposite party no. 1 i.e. Naib Tehsildar, Ramnagar, Tehsil-Aalapur, District-Ambedkar Nagar to decide the Case No.1108/2017 Computerized Case No.T201704467041108, Smt. Laldei V/s Tadi @ Rajman, under section 34 of U.P. Revenue Code, 2006 expeditiously, within stipulated period as fixed by this Hon'ble court, in the interest of justice."

Considering the fact that the case in issue relates to mutation and as per Rule 34(7) of U.P. Revenue Code Rules, 2016 framed 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, 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, Ram Nagar, Tehsil-Aalapur, District-Ambedkar Nagar to consider and decide the Case No.1108/2017 Computerized Case No.T201704467041108, Smt. Laldei V/s Tadi @ Rajman, most expeditiously after affording full opportunity of hearing to the party to the litigation and without granting unnecessary adjournment to either party preferably within a period of three months, if possible, 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 :- 24.3.2025

ML/-

Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench