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2019 DIGILAW 2320 (ALL)

Indrawati Chand v. State of U. P.

2019-10-01

JAHANGIR JAMSHED MUNIR

body2019
JUDGMENT : Jahangir Jamshed Munir, J. 1. Supplementary affidavit filed today is taken on record. Heard Sri K.M. Gupta, Advocate holding brief of Sri A.K. Mishra, learned Counsel for the petitioner. This petition has been filed for the following material relief and no other: "Issue a writ, order or direction in the nature of mandamus commanding to the respondent No. 2 i.e. Sub-Divisional Officer, Tehsil Khajani, District Gorakhpur to decide the case bearing appeal No. T-201805310203635 'Indrawati Chand v. Surendra Chand' under section 207 of U.P. Revenue Code, 2006, pending in the Court of respondent No. 2, since 5.10.2018, within stipulated period fixed by this Hon'ble Court." 2. The facts giving rise to this petition seeking to expedite proceedings are that on the basis of a registered sale-deed dated 19.9.2007 executed in favour of the petitioner relating to land situate in village Bhawanigarh, and also through a further sale-deed dated 29.8.2007, the petitioner claims to have been handed over possession of the land conveyed to him by the vendors, who are recorded bhumidhars. It is claimed that the respondent No. 3 who is well aware of the registered conveyances, filed for mutation of his name over land purchased by the petitioner for valuable sale consideration. Respondent No. 3 filed for mutation on the basis of a Will from the petitioner's vendor, who died in the meanwhile. Mutation in favour of respondent No. 3 was granted vide order dated 14.6.2016 passed by the Tehsildar, Khajani in Case No. 565 and 566 of 2013 under section 34 of U.P. Land Revenue Act. The petitioner applied to have the aforesaid orders that are ex parte set aside but his application to set aside the same was rejected by an order dated 19.9.2018. Thereafter, the petitioner filed an appeal challenging the orders dated 14.6.2016 and 19.9.2018 bearing No. T20180053102003635 'Indrawati Chand v. Surendra Chand' under section 207 U.P. Land Revenue Code, 2006 before the SDO, Khajani, District Gorakhpur. 3. The grievance of the petitioner is that the proceedings of the appeal before the SDO, Khajani are lingering on eventlessly, though the appeal was registered on 5.10.2018 and records were summoned. 3. The grievance of the petitioner is that the proceedings of the appeal before the SDO, Khajani are lingering on eventlessly, though the appeal was registered on 5.10.2018 and records were summoned. Thereafter, fifteen dates have been fixed between 12.10.2018 and 23.7.2019 but no order of moment has been passed and on many of the dates fixed, the case has been adjourned on account of the Presiding Officer being engaged in administrative business or the Members of the Bar abstaining from the judicial work. 4. Considering the facts that valuable rights of parties are involved in an appeal arising from a mutation order, besides revenue interest of the State are also at stake, the SDO, Khajani ought to take up the appeal seriously and dispose of the same within a limited period of time. 5. In view of the nature of the order that this Court proposes to be passed today, no notice is being issued to the respondent No. 3 as no determination of rights affecting the parties is being made here. However, in case, he still feels aggrieved, it shall be open to him to make an application in this decided matter. 6. In view of the aforesaid facts, the SDO, Khajani District Gorakhpur is ordered to decide the Appeal No. T201805310203635 'Indrawati Chand v. Surendra Chand' under section 207 U.P. Revenue Code, 2006 relating to Mauja Asilabhar and Bhawanigarh Tappa, Tehsil Khajani, District Gorakhpur within a period of two months from the date of production of a certified copy of this order, in accordance with law, after hearing all parties. 7. The writ petition is disposed of in terms of the above orders. No order as to costs.