Ram Prakash Vs the State of U.P. Thru. Prin… — Writ and Judicial Review | Allahabad HC (2025)

Ram Prakash Vs the State of U.P. Thru. Prin… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to opposite party No. 2/Naib Tehsildar, South, Tehsil and District Raebareli to consider and decide Mutation Case No.T202310580302753 (Jai Pakash Versus Ram Prakash) most expeditiously, preferably within three months from the next date fixed in the case, after affording full opportunity of hearing and without granting unnecessary adjournment to either party, if there is no other legal impediment; notice to the private respondent(s), if any, dispensed with; merits left unexamined.

Issue for consideration

Whether a direction should issue to opposite party No. 2 (Naib Tehsildar, South, Tehsil and District Raebareli) to decide Mutation Case No.T202310580302753 (Jai Pakash Versus Ram Prakash) expeditiously, having regard to the time limits prescribed by Rule 34(7) of the U.P. Revenue Code Rules, 2016.

Court's answer

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 where there is no dispute, and preferably within 90 days where there is a dispute.

Ratio / Principle

Since no gainful purpose would be served in keeping the petition pending, the petition is disposed of with a direction to opposite party No. 2/Naib Tehsildar, South, Tehsil and District Raebareli to decide Mutation Case No.T202310580302753 (Jai Pakash Versus Ram Prakash) most expeditiously, after affording full opportunity of hearing and without granting unnecessary adjournment to either party, 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.ratio¶11

Detailed headnote1 paragraphs

Article 227 petition (MATTERS UNDER ARTICLE 227 No. 1828 of 2025, High Court of Judicature at Allahabad, Lucknow Bench, Saurabh Lavania, J., order dated 3.4.2025) by Ram Prakash seeking a direction to opposite party No. 2 (Naib Tehsildar, South, Tehsil and District Raebareli) to decide Mutation Case No.T202310580302753 (Jai Pakash Versus Ram Prakash) expeditiously. Observing that, per Rule 34(7) of the U.P. Revenue Code Rules, 2016 framed under the U.P. Revenue Code, 2006, 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. Notice to private respondents was dispensed with and the petition was disposed of with a direction to decide the mutation case most expeditiously, preferably within three months from the next date fixed, after full opportunity of hearing and without unnecessary adjournments, if no legal impediment exists. The Court expressly did not examine the merits, leaving the Authority free to decide strictly in accordance with law.

Neutral Citation No. - 2025:AHC-LKO:18476

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 1828 of 2025 Petitioner :- Ram Prakash Respondent :- The State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others Counsel for Petitioner :- Sunendra Kumar 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/opposite party Nos. 1 and 2 and perused the record.

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

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

"Issue a order, or direction the opposite party No-2 to consider and decide the mutation case No-T202310580302753 in re, Jai Pakash Versus Ram Prakash expeditiously as possible with in stipulated time Annexure No.P-7 Page No."

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 opposite party No. 2/Naib Tehsildar, South, Tehsil and District Raebareli to consider and decide the Mutation Case No.T202310580302753 (Jai Pakash Versus Ram Prakash) 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 :- 3.4.2025 ML/-

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