Allahabad High Court
Raghupati Sahani vs State Of U.P. And 8 Others on 18 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 7 Case :- WRIT - C No. - 32637 of 2022 Petitioner :- Raghupati Sahani Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Arunkumar Mishra Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Chandra Kumar Rai,J.
Heard learned counsel for the petitioner, Sri Rameshwar Prasad Shukla, learned counsel for the respondent - gram panchayat and the learned standing counsel for state - respondent.
The instant petition has been filed for the following reliefs:-
"Issue a writ, order or direction in the nature of mandamus, commanding the respondent no.2 to decide the mutation application of the petitioner which is pending before the Tehsildar, Tehsil Bilthra Road, District Ballia on 26.12.2020 as a Case No.02465 of 2020 (Computerized Case No.T202015090702465) (Raghupati vs. Hamera), under Section 34 of the U.P. C.H. Act, 2006, pargana Sikandarpur Garvi, Tehsil Bilthra Road, District Ballia."
This Court vide order dated 7.12.2022 issued notice to the private parties and also directed the learned standing counsel to file counter affidavit in the matter.
In pursuance to the order dated 7.12.2022, learned standing counsel has placed on record the instruction of the Tehsildar, Belthara Road, Ballia dated 14.11.2022 wherein it is indicated that the court concerned was vacant for the last two years, as such, the matter could not be decided. It is also mentioned in the instructions that the case will be decided expeditiously, in accordance with law.
In view of the facts and circumstances of the case as well as in view of the instructions dated 14.11.2022, without expressing any opinion on the merits of the case, this petition is disposed of with the direction to respondent no.2/Tehsildar, Belthara Road, Ballia to decide the Mutation Case No.02465/2020 (Computerized Case No.T202015090702465) (Raghupati vs. Hamera), under Section 34 of the U.P. Revenue Code, 2006, as expeditiously as possible, preferably within a period of 4 months, from the date of production of a certified copy of this order before the authority concerned, without granting unnecessary adjournments to either of the parties, in accordance with law.
Order Date :- 18.1.2023 C.Prakash