Mohammed Aamir and 4 Others Vs Tehsildar (Judicial), Tehsil Rudauli, Ayodhya and 2 Others — Allahabad HC (2025) — LawSathi Research

Mohammed Aamir and 4 Others Vs Tehsildar (Judicial), Tehsil Rudauli, Ayodhya and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent No. 1 / Tehsildar (Judicial), Tehsil Rudauli, District Ayodhya to decide the petitioners' restoration application dated 25.01.2025 filed in Mutation Case No. T202404230701501 within two months of production of certified copy of this order, in accordance with law if there is no legal impediment; parties directed to cooperate and to refrain from unnecessary adjournments.

Issue for consideration

Whether respondent No. 1 / Tehsildar (Judicial), Tehsil Rudauli, District Ayodhya, should be directed to consider and decide, expeditiously, the application dated 25.01.2025 for condonation of delay (restoration application) pending in Mutation Case No. T202404230701501 (Mohammad Samil and another Vs. Jiya Ahmad Kidwai) under Section 34 of the U.P. Revenue Code, 2006. +1 more

Court's answer

Without entering into the merits, respondent No. 1 / Tehsildar (Judicial), Tehsil Rudauli, District Ayodhya, is directed to decide the petitioners' restoration application dated 25.01.2025 filed in Mutation Case No. T202404230701501 (Mohammad Samil and another Vs. Jiya Ahmad Kidwai) under Section 34 of the U.P. Revenue Code, 2006, expeditiously, say within a period of two months from the date of production of certified copy of this order, in accordance with law, if there is no legal impediment.

Ratio / Principle

The parties to the case shall cooperate in its expeditious disposal and shall not seek unnecessary adjournments, and no such adjournment shall be granted by the Court concerned except in exceptional circumstances.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Neutral Citation 2025:AHC-LKO:39760) | Alok Mathur, J. | Matters under Article 227 No. 4086 of 2025 | Order dated 11.7.2025. Petitioners Mohammed Aamir and 4 others prayed for a direction to respondent No. 1, Tehsildar (Judicial), Tehsil Rudauli, District Ayodhya, to consider and decide, expeditiously, their application dated 25.01.2025 for condonation of delay pending in Mutation Case No. T202404230701501 (Mohammad Samil and another vs. Jiya Ahmad Kidwai) under Section 34 of the U.P. Revenue Code, 2006, and to quash the ex-parte mutation order dated 24.06.2024 passed in that case. After arguing the matter, counsel confined the prayer to a time-bound decision of the restoration application, to which the Standing Counsel had no objection. Considering the facts and circumstances without entering into the merits, the Court directed respondent No. 1 to decide the restoration application expeditiously, say within two months from the date of production of certified copy of the order, in accordance with law if there is no legal impediment; parties were further directed to cooperate and neither party nor the Court concerned was to permit unnecessary adjournments except in exceptional circumstances. Writ petition disposed of.

Neutral Citation No. - 2025:AHC-LKO:39760

Court No. - 6

Case :- MATTERS UNDER ARTICLE 227 No. - 4086 of 2025

Petitioner :- Mohammed Aamir And 4 Others Respondent :- Tehsildar (Judicial), Tehsil Rudauli, Ayodhya And 2 Others Counsel for Petitioner :- Anil Kumar Nishad Counsel for Respondent :- C.S.C.

Hon'ble Alok Mathur,J.

Heard Sri Anil Kumar Nishad, learned counsel for the petitioner as well as learned Standing Counsel for the State respondents.

In view of the order proposed to be passed, requirement of issuance of notice to private respondents are dispensed with.

Instant petition has been filed by the petitioner praying for direction to the respondent No. 1 / Tehsildar (Judicial) Tehsil Rudauli District Ayodhya to consdier and decide application dated 25.01.2025 for condonaton of delay pending in Mutation Case No. T202404230701501 (Mohammad Samil and another Vs. Jiya Ahmad Kidwai) U/S 34 of U.P. Revenue Code, 2006 expeditiously and to quash the ex-parte mutation order dated 24.06.2024 passed in the said case.

After arguing the matter at some length, learned counsel for the petitioner confines his prayer for a suitable direction to respondent No. 1 / Tehsildar (Judicial) Tehsil Rudauli District Ayodhya to consider and decide the petitioners' restoration application dated 25.01.2025 in the time bound manner.

Learned Standing Counsel has no objection to the aforesaid prayer.

Considering the facts and circumstances of the case, without entering into the merits, respondent No. 1 / Tehsildar (Judicial) Tehsil Rudauli District Ayodhya, is directed to decide petitioners' restoration application dated 25.01.2025 filed in Mutation Case No. T202404230701501 (Mohammad Samil and another Vs. Jiya Ahmad Kidwai) U/S 34 of U.P. Revenue Code, 2006, expeditiously, say within a period of two months from the date of production of certified copy of this order, in accordance with law, if there is no legal impediment.

It is further directed that the parties to the case shall cooperate in expeditious disposal of the case and shall not seek any unnecessary adjournment, neither any such adjournment shall be granted by the Court concerned, except in exceptional circumstances.

With above observations/directions, the writ petition stands disposed of.

(Alok Mathur, J.)

Order Date :- 11.7.2025

Ravi/

Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench