Santeshwar Tiwari Vs State of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. and Others — Allahabad HC (2025) — LawSathi Research

Santeshwar Tiwari Vs State of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no. 2 / Nayab Tehsildar Babaganj, Tehsil Kunda, District Pratapgrah to consider and decide the pending objection application in Mutation case no. 7652/2023 most expeditiously, preferably within three months from the next date fixed, after full opportunity of hearing and without unnecessary adjournments.

Issue for consideration

Whether respondent no. 2 should be directed to decide the petitioner's objection application pending in Mutation case no. 7652/2023 (Sushila Devi Vs Parasnath) expeditiously, given that the mutation proceedings have remained undecided far beyond the timelines contemplated by Rule 34(7) of U.P. Revenue Code Rules, 2016.

Ratio / Principle

As mutation proceedings are summary in nature and, under Rule 34(7) of U.P. Revenue Code Rules, 2016, ought to be decided within 45 days if undisputed (preferably within 90 days if disputed), and these mutation proceedings have been pending since 30.10.2023, no gainful purpose will be served in keeping the present petition pending.

Key takeaways

The petition is disposed of with a direction to respondent no. 2 (Nayab Tehsildar Babaganj, Tehsil Kunda, District Pratapgrah) to consider and decide the said case most expeditiously after affording full opportunity of hearing to the parties and without granting unnecessary adjournments, preferably within three months from the next date fixed in the case.ratio¶11
The Court has not examined the case of either party on merits; the authority concerned shall be free to decide the matter strictly in accordance with law.ratio¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Hon'ble Saurabh Lavania, J.) | WRIT - C No. 4453 of 2025 | Disposed of on 9.5.2025: mutation proceedings pending since 30.10.2023 in Mutation case no. 7652/2023 under section 34, U.P. Revenue Code Act 2006 (Sushila Devi Vs Parasnath; land gata no. 597k, village Jhingur, Pargana Dingvas, Tehsil Kunda, District Pratapgarh) far exceed the 45-day/90-day timelines contemplated by Rule 34(7), U.P. Revenue Code Rules, 2016; writ petition disposed of with a direction to respondent no. 2, Nayab Tehsildar Babaganj, to decide the case most expeditiously, preferably within three months from the next date fixed, after full opportunity of hearing and without unnecessary adjournments; merits of neither party examined, authority left free to decide strictly in accordance with law.

Neutral Citation No. - 2025:AHC-LKO:27258

Court No. - 7

Case :- WRIT - C No. - 4453 of 2025 Petitioner :- Santeshwar Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others

Counsel for Petitioner :- Vijay Kumar,Meenu Verma,Vivek Kumar Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the petitioner and learned Standing Counsel.

In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.

By means of this petition, the petitioner has sought following main relief :-

"Issue writ order in nature of Mandamus commanding to the opposite party no. 2 to decide the Objecton Application filed by petitioner in Mutation case no. 7652/2023 under section 34 of U.P. Revenue Code Act 2006, Sushila Devi Vs Parasnath" relate to land gata no. 597k, situated in village - jhingur, Pargana Dingvas, Tehsil - Kunda, District - Pratapgarh. that is being annexe as Annexure no. 4 to this writ petition."

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 30.10.2023, this Court is of the view that no gainful purpose will be served in keeping the present petition pending.

In view of above, the present petition is disposed of with a direction to the respondent No.2/Nayab Tehsildar Babaganj, Tehsil- Kunda, District - Prtatapgrah 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.

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.

Order Date :- 9.5.2025/Mohit Singh/-

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