Allahabad High Court
Pankaj Kumar vs Tehsilsdar Budhanpur And Another on 6 March, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- WRIT - C No. - 8480 of 2020 Petitioner :- Pankaj Kumar Respondent :- Tehsilsdar Budhanpur And Another Counsel for Petitioner :- Brajesh Kumar Dwivedi Counsel for Respondent :- C.S.C. Hon'ble J.J. Munir,J.
This writ petition has been filed seeking the following material relief and no other:
"(i). Issue a writ order or direction in nature of mandamus commanding and directing the respondent no. 1 to decide the Case No. 209 of 2016 (Computerized Case No. T2016150606209) Pankaj Kumar vs. Kamla, under Section 34 of Land Revenue Act, pending before the Tehsildar Budhanpur District Azamgarh."
Heard Sri Brajesh Kumar Dwivedi, learned counsel for the petitioner and learned Standing Counsel appearing on behalf of respondent No. 1.
The grievance of the petitioner is that he applied for mutation of his name under Section 34 of the U.P. Land Revenue Act before the Tehsildar Budhanpur, District Azamgarh on the basis of a Will executed in his favour by his maternal grandfather. The Will is one dated 28.03.2019. The petitioner's grandfather died on 20.01.2016. The petitioner made the mutation application on 25.01.2016. Respondent no. 2 filed objections on 22.02.2016. The grievance of the petitioner is that his mutation application is pending before the Tehsildar, Tehsil Budhanpur, Disrict Azamgarh since 25.01.2016, where the proceedings are lingering on without any order of moment being passed. The learned counsel for the petitioner has taken the Court through the order-sheet from 22.02.2016 to 11.12.2019 which shows that the case has been casually adjourned for slight reason on many dates. It has been adjourned by fixing general dates and on others on account of Members of Bar abstaining from judicial work.
Mutation proceedings are summary proceedings. These are required to be decided expeditiously. It is not just the interest of the parties that claims for mutation be expeditiously disposed of but also in the interest of the Revenue that are at stake.
Since no order to the prejudice of the private respondents or determinative of parties' rights is being passed here, this Court dispenses with issue of notice to respondents no. 2. However, in the event the said respondent still feels aggrieved, it will be open to him to file an application in this decided matter.
Learned Standing Counsel appearing on behalf of respondent no.1 waives his right to file a counter affidavit looking to the nature of the order this court proceeds to pass.
Considering the overall facts and circumstances of the case, the Tehsildar, Budhanpur, District Azamgarh is ordered to decide Case No. 209 of 2016 (Computerized Case No. T2016150606209) Pankaj Kumar vs. Kamla, within a period of three month from the date of receipt of a certified copy of this order, after hearing all parties concerned, provided there is no legal impediment.
The writ petition is allowed in terms of the aforesaid orders. There shall be no order as to costs.
Order Date :- 6.3.2020 BKM/-