Petition seeking a direction to the Tahsildar to decide a mutation case pending since February 2021. Noting Rule 34(7) of the Revenue Code Rules prescribes 45/90-day timelines, the High Court disposed of the petition directing decision within three months.
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Neutral Citation No. - 2025:AHC-LKO:25711
Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2571 of 2025 Petitioner :- Manoj Kumar Respondent :- Tahsildar (Judicial), Tahsil Kunda, Pratapgarh And Others Counsel for Petitioner :- Dileep Singh,Gaurav Rastogi Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the parties.
In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.
The instant petition has been preferred seeking following main relief(s):-
"a. Issue an order or direction to the Opposite Party No.1 i.e. Tahsildar (Judicial), Tahsil- Kunda, District- Pratapgarh, to decide the mutation application dated 06.02.2021 filed by the petitioner and another, bearing Case No. 00759/2021 (Computerized Case No. T202102570100759), "Dilip Kumar and Manoj Kumar versus Fariduddin Farooqui", Under Section 34 of U.P. Revenue Code 2006, which is pending before him, expeditiously within a stipulated period as fixed by this Hon'ble Court. (contained as Annexure No.1)."
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 February 2021, 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 to consider and decide the Case No. 00759/2021, Computerized Case No. T202102570100759, (Dilip Kumar and Manoj Kumar versus Fariduddin Farooqui) 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, 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 :- 5.5.2025 Jyoti/-
Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Should the Tahsildar be directed to decide the pending mutation application under Section 34 of the U.P. Revenue Code, 2006 expeditiously?
2 provisions across 2 enactments
Manoj Kumar
Tahsildar (Judicial), Tahsil Kunda, Pratapgarh
Saurabh Lavania
As recorded by the court registry
2 orders share this CNR
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