Gobind Prasad Vs Nayab Tahsildar, Tahsil Vishunpur Area Fatehpur, Barabanki and Others

"(i) Issue an order or direction to Nayab Tahsildar, Tahsil Vishunpur Area Fatehpur, District Barabanki, to decide the mutation application no. T - 202404120308823 pending since 18.10.2024 before him within early period prescribed by this Hon'ble Court.

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It has been contended on behalf of the petitioner that he filed a case for mutation under Section 34 of the U.P. Revenue Code, 2006 before Respondent No. 1 in the year 2024, and since then, the said case is pending and has not been decided.

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Learned counsel appearing for the petitioner has argued that legislature itself under Rule 34(7) of the U.P. Revenue Code Rules, 2016 had provided that the undisputed mutation case shall be decided within a period of 45 days and undisputed cases shall be decided within a period of 90 days, and further, if for any reason, it is not possible to decide the said cases, the reason for non-disposal of the case shall be recorded in the

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A227 No. 5601 of 2025

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2

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order sheet. It has further been argued that the order sheet of the case, subject matter of this writ petition, clearly reveals that no reason for nondisposal of the case has been recorded.

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On the other hand, learned Standing Counsel appearing for Respondent No. 1 has very fairly submitted that the ends of justice would be served if a direction is issued to Respondent No. 1 to hear and decide the case in question expeditiously, within a time frame fixed by this Court.

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I have considered the submissions made by the learned counsels for the parties and I find that mutation case filed by the petitioner is pending before Respondent No. 1 since the year 2024 and has not been decided till date. I further find that Rule 34(7) of the U.P. Revenue Code Rules, 2016 categorically provides that the mutation cases are to be decided within a period of 90 days.

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In view of the aforesaid reasons, this writ petition is finally disposed of with a direction to Respondent No. 1 to hear and decide the Case No. Case No. 8823 / 2024, Comupterized Case No. T-202404120308823 (Govind Prasad Vs. Avadh Narayan Singh) expeditiously, preferably within a period of four months from the date of presentation of a certified copy of this order, provided there is no legal impediment.

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September 17, 2025 Lokesh Kumar

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(Manjive Shukla,J.)

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

Gobind Prasad v. Nayab Tahsildar, Tahsil Vishunpur Area Fatehpur, Barabanki and Others

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Gobind Prasad v. Nayab Tahsildar, Tahsil Vishunpur Area Fatehpur, Barabanki and Others

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