Allahabad High Court
Prema Devi And Another vs State Of U.P. And 3 Others on 18 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:143621 Court No. - 49 Case :- WRIT - C No. - 23252 of 2023 Petitioner :- Prema Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saurabh Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Ms. Priya Prajapati, Advocate holding brief of Sri Saurabh Kumar Pandey, learned counsel for the petitioners and Sri Anshul Nigam, learned Standing Counsel representing the respondent nos. 1 & 2 and perused the record.
2. The present writ petition has been filed, inter alia, for the following relief:
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent No.2, Naib Tehsildar, Tehjsil Mehnagar, district-Azamgarh to decide Case No. 2881 of 2021, Computerized Case No. T2021115060502881 (Prema Devi and others vs. Smt. Reena Devi)), under Section 34 of U.P. Revenue Code, 2006, within stipulated period as directed by this Hon'ble Court.
(ii) .....................
(iii) ...................."
3. Learned counsel for the petitioners submits that the case under Section 34 of U.P. Revenue Code, 2006 is pending for disposal since 2021 before the respondent No.2 but till date no final order has been passed.
4. Sub Rule 7 of Rule 34 of the U.P. Revenue Code Rules, 2016 provides as under:
"............(7). The Tahsildar shall make an endeavour to decide the undisputed case of mutation within the period of 45 days from the date of the registration of the case and the disputed case of mutation within the period of 90 days and if the proceeding is not concluded within such period the reason for the same shall be recorded."
5. Since, there is a clear legislative mandate that if proceedings are not concluded within stipulated period of time as provided under the aforesaid provision, reasons for the same shall be recorded.
6. Learned Standing Counsel submits that he has no objection to the extent that a direction is issued by this Court for expeditious disposal of the case within stipulated period as to be fixed by this Court.
7. In view of the nature of the order proposed to be passed, the service of notice upon the private respondents is dispensed with.
8. Taking into consideration the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping this writ petition pending. Accordingly, this Court deems it appropriate to finally dispose of the present writ petition with a direction toNaib Tehsildar, Tehjsil Mehnagar, district-Azamgarh (respondent No. 2), before whom the aforementioned matter is pending for disposal, to decide the Case No. 2881 of 2021, Computerized Case No. T2021115060502881 in accordance with law, by a reasoned and speaking order after affording opportunity of hearing to the parties concerned, expeditiously and preferably within a period of three months from the date of receipt of a certified copy of this order, without granting unnecessary adjournments to either of the parties, if there is no other legal impediment.
9. It is made clear that the Naib Tehsildar concerned shall decide the case on its merit and this order shall not come in the way of such decisions to be taken on the basis of the merit of the case.
10. With the aforesaid direction, the present writ petition is disposed of.
Order Date :- 18.7.2023 Faridul