Dayanand Vs State of U.P. Thru. Secy. Revenue Deptt. Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

Dayanand Vs State of U.P. Thru. Secy. Revenue Deptt. Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent No.2/Naib Tehsildar, Circle-Jahangirganj, Tehsil-Aalapur, District-Ambedkar Nagar to decide Case No. T-202404040405041 (Dayanand versus Ram Asare) most expeditiously, preferably within three months from the next date fixed in the case, affording full opportunity of hearing and without granting unnecessary adjournments, subject to there being no other legal impediment; merits left undecided.

Issue for consideration

Whether the Court should direct the opposite party no.2 (Naib Tehsildar, Circle-Jahangirganj, Tehsil Aalapur, District Ambedkar Nagar) to decide mutation Case No. T-202404040405041 (Dayanand versus Ram Asare), filed under Section 34, U.P. Revenue Code, 2006 and pending since September 2024, within a stipulated time frame.

Court's answer

The present petition is disposed of with a direction to the respondent No.2/Naib Tehsildar, Circle-Jahangirganj, Tehsil-Aalapur, District-Ambedkar Nagar to consider and decide Case No. T-202404040405041 (Dayanand versus Ram Asare) most expeditiously, after affording full opportunity of hearing to the parties 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.

Ratio / Principle

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, as per Rule 34(7) of the U.P. Revenue Code Rules, 2016; in the instant case the mutation proceedings had been pending since September 2024.

Key takeaways

Given the pendency of the mutation proceedings since September 2024 and the resulting hardship and mental agony to the petitioner, no gainful purpose would be served in keeping the present petition pending.ratio¶10
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¶12

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 7 — Hon'ble Saurabh Lavania, J.; Matters Under Article 227 No. 2878 of 2025; Order Date 15.5.2025 (Neutral Citation 2025:AHC-LKO:28551). Petitioner Dayanand sought a direction to opposite party no. 2, the Naib Tehsildar, Circle-Jahangirganj, Tehsil Aalapur, District Ambedkar Nagar, to decide mutation Case No. T-202404040405041 (Dayanand versus Ram Asare), filed under Section 34, U.P. Revenue Code, 2006, pending since September 2024. Noting Rule 34(7) of the U.P. Revenue Code Rules, 2016 — mutation being summary in nature ought to conclude within 45 days if undisputed and preferably within 90 days if disputed — the pendency since September 2024, and the hardship and mental agony to the petitioner (aged about 57 years), the Court held that no gainful purpose would be served in keeping the petition pending. The petition was disposed of with a direction to the respondent No. 2/Naib Tehsildar to consider and decide the case most expeditiously, preferably within three months from the next date fixed, affording full opportunity of hearing and without unnecessary adjournments to either party, if there is no other legal impediment. The Court clarified that it had not examined the case on merits and the Authority remains free to decide strictly in accordance with law. Notice to the private respondents was dispensed with.

Neutral Citation No. - 2025:AHC-LKO:28551

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 2878 of 2025

Petitioner :- Dayanand Respondent :- State Of U.P. Thru. Secy. Revenue Deptt. Lko. And 3 Others Counsel for Petitioner :- Ravindra Kumar Yadava,Deepali Yadav,Ram Suphal Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the petitioner and learned State counsel.

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):-

"i) Issue a direction to the opposite party no.2 to decide the case no- T- 202404040405041, Dayanand Versus Ram Asare, filed U/S-34 U.P. Revenue Code-2006, pending in the court of Naib Tehsildar, Circle-Jahangirganj, Tehsil Aalapur, District Ambedkar Nagar in accordance with law at the earliest with the time fixed by this Hon'ble Court."

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 September, 2024 and on account of pendency of the same, the petitioner, who is aged about 57 years, as stated, is suffering great hardship and mental agony, 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/Naib Tehsildar, Circle- Jahangirganj, Tehsil- Aalapur, District- Ambedkar Nagar to consider and decide the Case No. T-202404040405041 (Dayanand Versus Ram Asare) 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 :- 15.5.2025 Arun/-

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