Allahabad High Court
Smt. Vinod Singh vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 21 March, 2023
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 19 Case :- MATTERS UNDER ARTICLE 227 No. - 1310 of 2023 Petitioner :- Smt. Vinod Singh Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. And Others Counsel for Petitioner :- Lalji Yadav Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J.
Heard.
In view of order proposed to be passed, issuance of notice to the private-respondent is hereby dispensed with.
By means of this petition, the petitioner seeks expeditious disposal of Case No.8804 of 2021, Computerized Case No.T-202102570108804 (Vinod Singh vs. Shiv Shankar) filed under Section 34 of the U.P. Revenue Code, 2006 pending before the respondent No.2.
It is stated that 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 30.12.2021. In these circumstances, indulgence of this Court is required in the matter. The prayer is to expedite the proceedings of pending case.
Learned State 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 view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is disposed of with a direction to the respondent No.2-Tehsildar, Tehsil-Kunda, Disrict-Pratapgarh to consider and decide the pending proceedings of Case No.8804 of 2021, Computerized Case No.T-202102570108804 (Vinod Singh vs. Shiv Shankar), most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any unnecessary adjournment to either party preferably within a period of three months from the date a certified copy of this order is placed before the Authority concerned, if possible and if there is no other legal impediment in this regard.
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.
With the aforesaid, the petition is disposed of.
Order Date :- 21.3.2023 Vinay/-