Disposed

Anand Pratap Singh v. Tehsildar, Tehsil Haidergarh, Barabanki and Another

Allahabad HC16 May 2025A227/2889/2025

Case brief

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What is this about?

Writ petition seeking direction to Tehsildar to decide long-pending mutation proceeding founded on a registered will. Court noted Rule 34(7) prescribes 45/90-day timelines and directed decision preferably within three months after hearing both parties, without examining merits.

What did the court decide?

Direction to respondent No.1 to decide mutation Case No. T202304120505692 expeditiously, preferably within three months from the next date fixed, if no legal impediment.

Anand Pratap Singh Vs Tehsildar, Tehsil Haidergarh… — Property and Title | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:28896

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Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2889 of 2025 Petitioner :- Anand Pratap Singh Respondent :- Tehsildar, Tehsil Haidergarh, Barabanki And Another Counsel for Petitioner :- Saniya,Mukesh Kumar Pandey Counsel for Respondent :- C.S.C.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the petitioner and Sri Yogesh Kumar Awasthi, learned State counsel.

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In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.

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

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"i) Issue a direction commanding the Tehsildar, Tehsil Haidergarh, District Barabanki to decide mutation proceeding is pending in Case No. T202304120505692 (Sursari Baksh Singh@Anand Pratap Singh Vs. Harinath Singh) filed by the petitioner on the basis of registered will deed dated 18.06.1985, expeditiously within fixed period which may think proper wise this Hon'ble Court."

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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 2022, this Court is of the view that no gainful purpose will be served in keeping the present petition pending.

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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. T202304120505692 (Sursari Baksh Singh@Anand Pratap Singh Vs. Harinath Singh), 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.

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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.

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With the aforesaid, the petition is disposed of .

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Order Date :- 16.5.2025 Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Anand Pratap Singh v. Tehsildar, Tehsil Haidergarh, Barabanki and Another

Case brief

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Anand Pratap Singh v. Tehsildar, Tehsil Haidergarh, Barabanki and Another

Case brief

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