Allahabad High Court
Rohit Singh vs State Of U.P. Thru. Prin. Secy. Revenue, ... on 6 February, 2023
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 511 of 2023 Petitioner :- Rohit Singh Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Ambika Prasad Mishra Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J.
Heard learned counsel for the parties.
In view of the order proposed to be passed by this Court, notice to the private-respondent Nos. 3 and 4 is dispensed with.
By means of the instant petition, the petitioner seeks expeditious disposal of Mutation Case No. 03859 of 2019 (Rohit Singh v. Sanjay Singh), under Section 34 of the U.P. Revenue Code, 2006 pending before the respondent No. 2/Nayab Tehsildar, Tehsil Amethi, District Amethi since 2019.
It is stated by the learned counsel for the petitioner that based upon the sale deed dated 19.11.2019, an application for mutation under Section 34/35 of U.P. Revenue Code, 2006 was filed registered as Case No. 03859 of 2019 (Rohit Singh v. Sanjay Singh), which is pending till date before the respondent No. 2/Nayab Tehsildar, Tehsil- Amethi, District- Amethi.
It is further stated that as per the statutory provisions, the mutation proceedings, being summary in nature, ought to have been decided within 45 days if there is dispute and if there is no dispute, then the same should be decided within 90 days. However, in the instant case, the proceedings for mutation are pending since 2019. As such, indulgence of this Court is required in the matter.
Learned standing counsel submits that he has no objection in case an expedite order is passed.
Considering the facts and circumstances of the case, this Court is of the opinion that no fruitful purpose will be served in keeping this petition pending rather ends of justice can be served by directing the respondent No.2/Nayab Tehsildar, Tehsil- Amethi, District- Amethi to consider and decide the pending proceedings ofCase No. 03859 of 2019 (Rohit Singh v. Sanjay Singh) most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of three months from the date a certified copy of this order is placed before the authority concerned, if there is no other legal impediment.
It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law.
With the aforesaid, the petition is disposed of.
Order Date :- 6.2.2023 Arun/-