Disposed

Dashrath v. Tehsildar Kunda, Pratapgarh and Others

Allahabad HC21 May 2025A227/3045/2025

Case brief

AI extract

What is this about?

Mutation case based on a registered sale deed pending before Tehsildar Kunda since 2022; petitioner sought expedited disposal under Article 227. Court disposed of petition directing decision within three months without examining merits.

What did the court decide?

Direction to respondent No.1/Tehsildar Kunda to decide Case No. 8287/2023 expeditiously, preferably within three months from next date fixed.

Dashrath Vs Tehsildar Kunda, Pratapgarh and Others — Writ and Judicial Review | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:30126

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 3045 of 2025

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Petitioner :- Dashrath

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Respondent :- Tehsildar Kunda, Pratapgarh And Others Counsel for Petitioner :- Dwijendra Prasad Gupta,Smt. Manorama Bajpai Counsel for Respondent :- C.S.C.

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Hon'ble Saurabh Lavania,J.

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At the outset, learned counsel for the petitioner states that details of sale deed, indicated in para 3 of the petition, and the date of pendency of the case in issue i.e. 17.05.2022 could not be inadvertently corrected at the time of filing of the case, as such the same may be considered as 'sale deed dated 17.05.2022, registered on 20.05.2022', and the date of pendency of the case as '06.07.2022'.

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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.

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Ordered accordingly.

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Heard.

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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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By means of this petition, the petitioner seeks expeditious disposal of Case No. 8287/2023, Computerized Case No. T202302570108287, under Section 34 of U.P. Revenue Code, 2006 (in short "Code of 2006") pending before the respondent No. 1/Tehsildar, Tehsil- Kunda, District- Pratapgarh.

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It is stated that mutation case filed by the petitioner is based upon the sale deed dated 17.05.2022, registered on 20.05.2022, and the case is pending since 06.07.2022 and also 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 06.07.2022.

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Taking note of the aforesaid, this Court is of the view that no gainful purpose will be served in keeping the present petition pending. Accordingly, the present petition is disposed of with a direction to the respondent No.1/Tehsildar Kunda, Pratapgarh 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.

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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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Order Date :- 21.5.2025 Mohit Singh/-

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

Dashrath v. Tehsildar Kunda, Pratapgarh and Others

Case brief

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Dashrath v. Tehsildar Kunda, Pratapgarh and Others

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