Disposed¶16

Bachch Raj v. the Court of Learned, Tehsildar Tehsil Kaisarganj, Bahraich and Another

Allahabad HC10 Jan 2025A227/74/2025

Case brief

AI extract

What is this about?

Bachch Raj v. Tehsildar Tehsil Kaisarganj Bahraich; Matters Under Article 227 No. 74 of 2025; High Court of Judicature at Allahabad, Lucknow Bench; Jaspreet Singh, J.; expeditious disposal; Mutation Case No.5164/2023; Computerized Case No.T202308150305164; Section 34, U.P. Revenue Code, 2006; unnecessary adjournments; undertaking; Bar abstention from judicial work; petition disposed of; Order Date 10.1.2025; Neutral Citation 2025:AHC-LKO:1806.

What did the court decide?

Expedited-decision directive to respondent No.1 (Tehsildar) to decide Mutation Case No.5164/2023 (Computerized Case No.T202308150305164) most expeditiously with full opportunity of hearing and without unnecessary adjournments to either party; conditioned on the petitioner furnishing the undertaking with a copy of the order. ¶16

Bachch Raj Vs the Court of Learned, Tehsildar Tehsil Kaisarganj, Bahraich and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶16

Issue for consideration

Whether respondent No.1 (Tehsildar) should be directed to decide pending Mutation Case No.5164/2023 (Computerized Case No.T202308150305164) expeditiously, without unnecessary adjournments.

¶8

Court's answer

The Court directed respondent No.1 to consider and decide the pending Mutation Case No.5164/2023 (Computerized Case No.T202308150305164) most expeditiously, affording full opportunity of hearing to the parties but without granting unnecessary adjournment to either of them.

¶12

Ratio / Principle

The benefit of the order is conditional upon the petitioner furnishing an undertaking (not to seek unnecessary adjournments and to cooperate in early disposal) along with a copy of the order; failing that, the petitioner is not entitled to the benefit of the order.

¶14

Key takeaways

The Court expressly did not examine the case of either party on merits; respondent No.1 is to decide the matter strictly in accordance with law.obiter¶15

Detailed headnote1 paragraphs

Petition under Article 227 (MATTERS UNDER ARTICLE 227 No.- 74 of 2025, High Court of Judicature at Allahabad, Lucknow Bench; Jaspreet Singh, J.; order dated 10.1.2025; Neutral Cit. 2025:AHC-LKO:1806) by Bachch Raj seeking expeditious disposal of pending Mutation Case No.5164/2023 (Computerized Case No.T202308150305164) under Section 34 of the U.P. Revenue Code, 2006 before respondent No.1, the Tehsildar, Tehsil Kaisarganj, Bahraich. The Court disposed of the petition, directing respondent No.1 to consider and decide the mutation case most expeditiously, affording full opportunity of hearing to the parties but without granting unnecessary adjournment to either side (¶¶12–13). The petitioner was required to furnish an undertaking not to seek unnecessary adjournments and to cooperate in early disposal, together with a copy of the order, failing which he would forfeit the benefit of the order (¶14). It was clarified that the Court had not examined the merits of either party and the matter was to be decided strictly in accordance with law (¶15). Delay was attributed substantially to resolutions of the Members of the Bar abstaining from judicial work (¶10). Notice to the private respondent No.2 was dispensed with (¶¶7).

¶1

Neutral Citation No. - 2025:AHC-LKO:1806

¶2

Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 74 of 2025

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Petitioner :- Bachch Raj Respondent :- The Court Of Learned, Tehsildar Tehsil Kaisarganj, Bahraich And Another Counsel for Petitioner :- Sumit Kumar Counsel for Respondent :- C.S.C.

¶5

Hon'ble Jaspreet Singh,J.

¶6

Heard learned counsel for the petitioner. Notice on behalf of the respondent No.1 has been accepted by the office of the Chief Standing Counsel.

¶7

In view of the order proposed to be passed by this Court, notice to the private-respondent No.2 is dispensed with.

¶8

By means of the instant petition, the petitioner seeks expeditious disposal of Mutation Case No.5164/2023, Computerized Case No.T202308150305164, under Section 34 of the U.P. Revenue Code, 2006 pending before the respondent No.1.

¶9

It is submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the matter has not yet been decided.

¶10

Learned standing counsel has drawn the attention of the Court to the extract of the order-sheet and has pointed out that in majority of the dates, the proceedings before the respondent No.1 could not advance on account of the resolution passed by the Members of the Bar abstaining from judicial work.

¶11

At this stage, learned counsel for the petitioner submits that the petitioner is ready to furnish an undertaking that the petitioner will not seek any unnecessary adjournment and shall also cooperate in the early disposal of the aforesaid case.

¶12

Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.1 to consider and decide the pending Mutation Case No.5164/2023, Computerized Case No.T202308150305164 most expeditiously, affording full opportunity of hearing to the parties, but without granting any

¶13

unnecessary adjournment to either of the parties preferably as expeditiously as possible.

¶14

The petitioner shall also furnish an undertaking, as mentioned above, along with a copy of this order. In case, if the petitioner does not furnish the aforesaid undertaking, then the petitioner shall not be entitled to the benefit of this order.

¶15

It is made clear that the Court has not examined the case of either of the parties on merits and the respondent No.1 shall decide the matter strictly in accordance with law.

¶16

With the aforesaid, the petition is disposed of .

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Order Date :- 10.1.2025 Rakesh/-

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Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench

Bachch Raj v. the Court of Learned, Tehsildar Tehsil Kaisarganj, Bahraich and Another

Case brief

What is this about?

What did the court decide?

Bachch Raj v. the Court of Learned, Tehsildar Tehsil Kaisarganj, Bahraich and Another

Case brief

What is this about?

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Why is it important?

What the court decided

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