Disposed

Sushil Kumar Mishra v. State of U.P. Thru. Prin. Secy., Deptt. of Revenue, Lko. and Others

Allahabad HC2 Apr 2025A227/1708/2025

Case brief

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What is this about?

Petition seeking direction to decide a mutation application pending since 2020/2024. Relying on Rule 34(7) of U.P. Revenue Code Rules, 2016 prescribing 45/90-day timelines, the High Court disposed of the petition directing the Naib Tehsildar to decide the mutation case within three months without examining merits.

What did the court decide?

Direction to respondent No.2, Naib Tehsildar, Tehsil Rudauli, District Ayodhya to decide mutation Case No. T202404230701158 preferably within three months from the next date fixed.

Sushil Kumar Mishra Vs State of U.P. Thru. Prin. Secy… — Land Acquisition | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:18139

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 1708 of 2025

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Petitioner :- Sushil Kumar Mishra Respondent :- State Of U.P. Thru. Prin. Secy., Deptt. Of Revenue, Lko. And Others Counsel for Petitioner :- Chandra Bhanu Sharma,Suneel Kumar Counsel for Respondent :- C.S.C.

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Hon'ble Saurabh Lavania,J.

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Heard.

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

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

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"I. Direct the opposite party No. 2 to decide the mutation application/report which is pending from the year 2020 and is registered as a Case No. T202404230701158 (Sushil Kumar Vs. Dhananjay, revenue village Umapur. Pargana Mawai, Tehsil Rudauli, District Ayodhya, which is contained in Annexure No. 2 to this petition, within stipulated time as fixed by this Hon'ble Court."

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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 2024, this Court is of the view that no gainful purpose will be served in keeping the present petition pending.

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In view of above, the present petition is disposed of with a direction to the respondent No.2Naib Tehsildar, Tehsil-Rudauli, District-Ayodhya/Faizabad to consider and decide the Case No. T202404230701158 (Sushil Kumar Vs. Dhananjay), 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.

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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.

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With the aforesaid, the petition is disposed of .

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Order Date :- 2.4.2025 Arun/-

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

Sushil Kumar Mishra v. State of U.P. Thru. Prin. Secy., Deptt. of Revenue, Lko. and Others

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Sushil Kumar Mishra v. State of U.P. Thru. Prin. Secy., Deptt. of Revenue, Lko. and Others

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