Amar Nath Vs State of U.P. Thru. Prin. Secy… — Writ and Judicial Review | Allahabad HC (2025)

Amar Nath Vs State of U.P. Thru. Prin. Secy… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with a direction to respondent No.2/Tehsildar, Tehsil-Alapur, District Ambedkar Nagar to decide Case No.1738/2023 (Computerized Case No.T202304040401738), including the application for restoration, most expeditiously and preferably within three months from the next date fixed, if there is no other legal impediment; issuance of notice to private respondent(s), if any, dispensed with.

Issue for consideration

Whether the opposite party no.2/Tehsildar, Tehsil-Alapur, District Ambedkar Nagar should be directed to decide the Restoration Application in Case No. 1738/2023 (Computerized Case No. T202304040401738, Amar Nath v. Ram Kalesh) filed under Section 34 of the U.P. Revenue Code, 2006, pending before him.

Court's answer

Since the case relates to mutation, and 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 if there is no dispute and preferably within 90 days if there is a dispute, no gainful purpose would be served in keeping the present petition pending.

Ratio / Principle

Direction issued to respondent No.2/Tehsildar, Tehsil-Alapur, District Ambedkar Nagar to consider and decide Case No.1738/2023 (Computerized Case No.T202304040401738, Amar Nath Vs. Ram Kalesh), including the application for restoration, most expeditiously, after affording full opportunity of hearing and without granting unnecessary adjournments, preferably within three months from the next date fixed in the case, if there is no other legal impediment.

Key takeaways

The Court has not examined the case of either party on merits; the Authority concerned shall be free to decide the matter strictly in accordance with law.obiter¶11

Detailed headnote1 paragraphs

Writ petition under Article 227 (Matters Under Article 227 No. 2361 of 2025) disposed of with a direction to the Tehsildar, Tehsil-Alapur, District Ambedkar Nagar to decide the Restoration Application in Case No. 1738/2023 (Computerized Case No. T202304040401738, Amar Nath v. Ram Kalesh) filed under Section 34 of the U.P. Revenue Code, 2006, most expeditiously and preferably within three months from the next date fixed, having regard to Rule 34(7) of the U.P. Revenue Code Rules, 2016 under which mutation proceedings, being summary in nature, ought to be decided within 45 days (no dispute) or preferably 90 days (dispute); merits of the case left open to the Authority; notice to private respondents dispensed with.

Neutral Citation No. - 2025:AHC-LKO:23681

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 2361 of 2025 Petitioner :- Amar Nath Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 4 Others Counsel for Petitioner :- Kamlesh Kumar,Simran Kaur Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the petitioner, learned Standing Counsel for the State/oposite 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:-

"i.Issue or direction to directing the opposite party no.2 i.e., Tehsildar, Tehsil-Alapur, District-Ambedkar Nagar, to decide the Restoration Application in case no. 1738/2023 computerized case no. T202304040401738, Amar Nath v/s Ram Kalesh filed u/s 34 U.P. Revenue code 2006, pending in the court of Tehsildar, Tehsil- Alapur, DistrictAmbedkar Nagar."

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.2/Tehsildar, Tehsil-Alapur, District Ambedkar Nagar to consider and decide the Case No.1738/2023 (Computerized Case No.T202304040401738 (Amar Nath Vs. Ram Kalesh), including the application for restoration, 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 :- 25.4.2025 ML/-

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