Ram Deen Vs Nayab Tehsidar Milkypur, Ayodhya and… — Writ and Judicial Review | Allahabad HC (2025)

Ram Deen Vs Nayab Tehsidar Milkypur, Ayodhya and… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent No. 1 / Nayab Tahsildar, Tahsil-Milkipur, District Ayodhya to consider and decide Mutation Case No. 3415/2023, Computerized Case No. T202304230403415 (Ramdeen v. Smt. Geeta Singh) most expeditiously, after full opportunity of hearing and without unnecessary adjournments, preferably within three months from the next date fixed in the case, if no other legal impediment; the petition was disposed of without examining merits.

Issue for consideration

Whether the petition under Article 227 should be allowed by directing Opposite Party No. 1 (Nayab Tehsildar, Milkipur, Ayodhya) to decide the pending mutation proceeding (Case No. 3415/2023) together with the recall application within a stipulated time.

Court's answer

Having regard to Rule 34(7) of the U.P. Revenue Code Rules, 2016, the Court observed that mutation proceedings, being summary in nature, ought to be decided within 45 days if there is no dispute and preferably within 90 days if there is dispute; consequently, no gainful purpose would be served in keeping the present petition pending.

Ratio / Principle

A direction was issued to respondent No. 1 / Nayab Tahsildar, Tahsil-Milkipur, District Ayodhya to consider and decide Case No. 3415/2023, Computerized Case No. T202304230403415 (Ramdeen v. Smt. Geeta Singh) most expeditiously, after affording full opportunity of hearing and without granting unnecessary adjournments to either party, preferably within three months from the next date fixed in the case, if there is no other legal impediment.

Key takeaways

The Court clarified that it had 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.; Order dated 1.4.2025) disposed of a Matter under Article 227 filed by Ram Deen seeking expeditious disposal of a mutation proceeding under Section 34 of the U.P. Revenue Code, 2006 — Case No. 3415/2023, Computerized Case No. T202304230403415 (Ramdeen v. Smt. Geeta Singh), village Rampur Fakire, Tehsil Milkipur, District Ayodhya — pending with a recall application fixed on 05-03-2025 before the Nayab Tehsildar. Noting Rule 34(7) of the U.P. Revenue Code Rules, 2016, whereby mutation proceedings, being summary in nature, ought to be decided within 45 days absent dispute and preferably within 90 days where disputed, the Court found no gainful purpose in keeping the petition pending and directed the Nayab Tahsildar, Tahsil-Milkipur to decide the case most expeditiously, after full opportunity of hearing and without unnecessary adjournments, preferably within three months from the next date fixed, if there is no other legal impediment. The Court expressly did not examine the merits of either party's case.

Neutral Citation No. - 2025:AHC-LKO:18063

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 1745 of 2025 Petitioner :- Ram Deen Respondent :- Nayab Tehsidar Milkypur, Ayodhya And Others Counsel for Petitioner :- Ganga Prasad Mishra,Abhinav Mishra Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Lavania,J.

Heard Shri Abhinav Mishra, learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.

In view of order proposed to be passed, issuance of notice to the private opposite parties is hereby dispensed with.

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

"Direct the Opp. Party no. 1 Nayab Tehsildar, Milkypur, Ayodhya, District Ayodhya to decide the Mutation proceeding of vide Case No. 3415/2023 Computerized case no. T202304230403415 Ramdeen Versus Smt. Geeta Singh Under Section 34 of U.P. Revenue Code 2006 Situated VillageRampur Fakire Pargana Paschim Raath Tehsil Milkypur District Ayodhya along with the Recall application ication Fixed on 05-03-2025 pending in his Court expediously within stipulated time granted by this Hon'ble court to meet the end of justice. As contained in Annexure no. 1 to this petition."

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/Nayab Tahsildar, Tahsil-Milkipur, District Ayodhya, to consider and decide Case No.3415/2023, Computerized Case No.T202304230403415 (Ramdeen Versus Smt. Geeta Singh)" 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 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 :- 1.4.2025

ML/-

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