Disposed

Vipin and Others v. Nayab Tehsildar, Rampur, Tehsil Lalganj, Pratapgarh and Another

Allahabad HC23 May 2025A227/3129/2025

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What is this about?

This court disposed of a writ petition under Article 227 seeking expedited hearing of mutation proceedings pending since 2017. The court directed the Nayab Tehsildar to decide the case expeditiously within three months.

What did the court decide?

Direction to the respondent to decide the case within three months after affording full opportunity of hearing.

Vipin and Others vs Nayab Tehsildar… — Pension and Retirement Benefits | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:30869

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 3129 of 2025

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Petitioner :- Vipin And Others Respondent :- Nayab Tehsildar, Rampur, Tehsil Lalganj, Pratapgarh And Another Counsel for Petitioner :- Arvind Yadav,Poonam Saroj Counsel for Respondent :- C.S.C.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the petitioners and 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 an order or direction, directing the opposite party no.1 to expedite the hearing of Case No.134/2017, (New No. 5767/2024)"Vipin and others Vs. Lalbahadur" Under section 34 of U.P. Revenue Code 2006 which is pending since 2017 before the Opposite party no.1, in the interest of justice."

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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 2017, 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/Nayab Tehsildar, Rampur, Tehsil Lalganj, Pratapgarh to consider and decide the Case No.134/2017 (New No. 5767/2024) (Vipin and others Vs. Lalbahadur) 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 :- 23.5.2025 Arun/-

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

Vipin and Others v. Nayab Tehsildar, Rampur, Tehsil Lalganj, Pratapgarh and Another

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Vipin and Others v. Nayab Tehsildar, Rampur, Tehsil Lalganj, Pratapgarh and Another

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