Allahabad High Court
Ganesh Sharma And Another vs State Of U.P. And 4 Others on 3 March, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- WRIT - C No. - 7169 of 2020 Petitioner :- Ganesh Sharma And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Om Prakash Singh 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:
"(a). issue a writ, order or direction in the nature of Mandamus directing the respondent No.2 to decide the Case No. T2019005440500776 (Ganesh Vs. Savitri) under section 35 of U.P. Revenue Code 2006, pending before Tehsildar, Tehsil-Khadda, District-Kushi Nagar within stipulated period as fixed by this Hon'ble Court."
Heard Sri Om Prakash Singh, learned counsel for the petitioner and Sri R.P. Ram, learned Standing Counsel appearing on behalf of respondent nos. 1 and 2.
The grievance of the petitioner is that an application under Section 35 of the Land Revenue Act has been made by the petitioner before the Tehsildar, Tehsil Khadda, District-Kushi Nagar on 24.06.2019. The said application is pending since then. Learned Counsel for the petitioner has invited the attention of the Court to the order sheet bearing Case No. 00776 of 2019,(Computerized case no. T201905440500776). A perusal of the said order sheet shows that the mutation case has been adjourned either due to members of the Bar being on strike or with a general date being fixed. Mutation proceedings are summary proceedings. These are required to be decided expeditiously. It is not just the interest of the parties who claim mutation that requires it to be expeditiously disposed of but also the interest of the revenue that are at stake.
Looking to the nature of the order that this Court proposes to pass no notice is being issued to the respondent no. 3, 4 & 5, inasmuch as, no determination of rights of parties is being made here. However, in case the said respondents feel aggrieved, they may file an application in this decided matter.
Considering the overall facts and circumstances of this case, the Tehsildar, Tehsil Khadda, District-Khusi Nagar, is ordered to decide computerized case no. T201905440500776, Ganesh Vs. Savitri within a period of three months from the date of receipt of a certified copy of this order, in accordance with law after hearing all parties concerned. He will not grant any adjournment except for the short duration of a day or two and that also for very justifiable reason. The time indicated shall be adhered to in all events.
The writ petition is allowed in terms of the above order. No order as to costs.
Order Date :- 3.3.2020 Chandan