Lali Vs Tehsildar, Tehsil Alapur, Ambedkar Nagar and Others — Allahabad HC (2025) — LawSathi Research

Lali Vs Tehsildar, Tehsil Alapur, Ambedkar Nagar and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent No.1/Tehsildar, Tehsil Alapur, Ambedkar Nagar to consider and decide Case No. T202404040402746 (Lali Devi Vs. Dhanai) 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.

Issue for consideration

Whether the petition seeking expeditious disposal of mutation Case No. T202404040402746 (Lali Devi Vs. Dhanai) pending before respondent No.1 since 11.07.2024, beyond the 45/90-day norms of Rule 34(7), U.P. Revenue Code Rules, 2016, should be acceded to.

Court's answer

Since the mutation proceedings are pending since 11.07.2024 although Rule 34(7), U.P. Revenue Code Rules, 2016 contemplates decision within 45 days (if there is no dispute) or preferably 90 days (if there is dispute), the Court held that no gainful purpose will be served in keeping the present petition pending.

Ratio / Principle

The petition is disposed of with a direction to respondent No.1/Tehsildar, Tehsil Alapur, Ambedkar Nagar to consider and decide the case most expeditiously, after affording full opportunity of hearing to the parties and without granting unnecessary adjournment to either party, preferably within three months from the next date fixed in the case.

Key takeaways

The Court expressly clarified that it 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.obiter¶13
Learned counsel for the petitioner is permitted to delete the particulars of respondent no.2 and to implead the Gaon Sabha concerned in the memo of petition during the course of the day.ratio¶7

Detailed headnote1 paragraphs

Matters under Article 227 No. 3041 of 2025, High Court of Judicature at Allahabad, Lucknow Bench (Saurabh Lavania, J.; order dated 21.5.2025): Petitioner sought expeditious disposal of mutation Case No. T202404040402746 (Lali Devi Vs. Dhanai) under Section 34, U.P. Revenue Code, 2006, pending before respondent No.1/Tehsildar since 11.07.2024, whereas Rule 34(7), U.P. Revenue Code Rules, 2016 contemplates decision of summary mutation proceedings within 45 days if undisputed and preferably within 90 days if disputed. Court disposed of the petition with a direction to decide the case most expeditiously, affording full opportunity of hearing and without unnecessary adjournments, preferably within three months from the next date fixed; merits expressly left unexamined. Permission granted to delete respondent no.2's particulars and implead the Gaon Sabha; notice to private respondent(s) dispensed with.

Neutral Citation No. - 2025:AHC-LKO:30137

Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3041 of 2025 Petitioner :- Lali Respondent :- Tehsildar, Tehsil Alapur, Ambedkar Nagar And Others Counsel for Petitioner :- Om Prakash Yadav,Ankur Gupta Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Lavania,J.

On being pointed out, learned counsel for the petitioner prays that he may be permitted to delete the particulars of respondent no.2 and to implead the Gaon Sabha concerned in the memo of petition.

To the aforesaid prayer, no serious objection has been raised by the learned counsel for the State.

Considering the prayer sought as also that the same has not been opposed, this Court is of the view that the prayer is liable to be acceded and is, accordingly, acceded.

Learned counsel for the petitioner is permitted to to delete the particulars of respondent no.2 and to implead the Gaon Sabha concerned in the memo of petition during the course of the day.

Heard.

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

By means of this petition, the petitioner seeks expeditious disposal of Case No. T202404040402746 (Lali Devi Vs. Dhanai), under Section 34 of U.P. Revenue Code, 2006 (in short "Code of 2006") pending before the respondent 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 11.07.2024, 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/Tehsildar, Tehsil Alapur, Ambedkar Nagar to consider and decide the Case, detailed above, 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.

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.

Order Date :- 21.5.2025/Mohit Singh/-

Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench