Allahabad High Court
Ayush Rai And Another vs State Of U.P. And 2 Others on 22 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:168394 Court No. - 49 Case :- WRIT - C No. - 26938 of 2023 Petitioner :- Ayush Rai And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Maurya Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Sanjay Maurya, learned counsel for the petitioners, Sri Awadhesh Kumar Patel, learned standing counsel for the State-respondent nos. 1 & 2 and perused the material available on record.
2. The present writ petition has been filed, inter alia, for the following relief:
"a. to issue a writ order or direction in the nature of mandamus directing the Tehsildar Sahjanwa Tehsil Sahjanwa District Gorakhpur to consider and decide the Case No. T202105310605900 (Sunil Rai Vs. Bechan) within a stipulated period of time."
3. Learned counsel for the petitioner submits that the Mutation Case No. T202105310605900 (Sunil Rai Vs. Bechan) is pending for disposal before the Tehsildar Sahjanwa, Tehsil Sahjanwa, District Gorakhpur (respondent No. 2) but till date the said proceeding has not been concluded and because of the pendency of the said case the petitioner is facing undue hardship.
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 proposed order to be passed, the service of notice upon the respondent no. 3 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 to Tehsildar Sahjanwa, Tehsil Sahjanwa, District Gorakhpur (respondent no. 2) before whom the aforementioned matter is pending for disposal, to decide the Mutation Case No. T202105310605900 (Sunil Rai Vs. Bechan) 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, unless there is any legal impediment.
9. It is made clear that the 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 :- 22.8.2023 Arif