Research › Search › Judgment

Allahabad High Court · body

2019 DIGILAW 2321 (ALL)

Virendra Kumar Sonkar v. Tehsildar, Tehsil-Shahganj

2019-10-01

JAHANGIR JAMSHED MUNIR

body2019
JUDGMENT : Jahangir Jamshed Munir, J. 1. Heard Sri Nayab Ahmad Khan, learned Counsel for the petitioner and Sri Aditya Keshari, learned Standing Counsel appearing on behalf of respondent No. 1. This writ petition has been filed for the following relief and no other: "(i) Issue, a writ, order or direction in the nature of mandamus commanding and directing the respondent No. 1 the Tehsildar, Tehsil Shahganj, District- Jaunpur to decide the old Case No. 1175 and New Computer Case No. T201814360102147 (Virendra Kumar v. Ishwar Lal) under section 35 U.P. Land Revenue Code, 2006 (Mutation Proceeding) pending since year 2016, expeditiously preferably within some stipulated period fixed by this Hon'ble Court" 2. The submission of the learned Counsel for the petitioner is that the petitioner purchased land of Khasra No. 75 M, admeasuring 0.157 hectares from the mother of respondent No. 2, through a registered sale-deed in the year 1999. The petitioner's name was mutated in the revenue records by an order dated 2.9.1999. Respondent No. 2 at the relevant time, was a minor and the sale-deed was executed on his behalf by his mother and natural guardian, Pyari Devi, widow of Chauhraja. It is pointed out that after lapse of 17 years, a restoration application was filed on 23.5.2016, before the Tehsildar, Tehsil Shahganj, District Jaunpur seeking to set aside the mutation order dated 2.9.1999. The said mutation order was set aside vide order dated 5.3.2018, and the mutation case was restored to its original file and number. 3. The grievance of the petitioner is that the proceedings of the mutation case, which is now numbered as computerized case No. T201814360102147 (Virendra Kumar v. Ishwar Lal), under section 35 of the U.P. Land Revenue Code, 2006 (corresponding to old Case No. 1175), are lingering on. He has averred in paragraph 13 that due to his rights being deleted from the revenue records, the petitioner is facing prejudice. Learned Counsel for the petitioner has invited the attention of the Court to the order sheet which shows that from 44.2018 to 22.7.2019, as many as 23 dates have been fixed, where no order of moment has. been passed except orders passed on 17.12.2018 and 4.1.2019 which disclose some application of judicial mind on those dates; also, there has been no disposition of the restored mutation case. 4. been passed except orders passed on 17.12.2018 and 4.1.2019 which disclose some application of judicial mind on those dates; also, there has been no disposition of the restored mutation case. 4. Considering the nature of the order that this Court proposes to pass, where no determination of rights of parties is being made, this Court does not consider it appropriate to issue notice to respondent No. 2. However, in case, respondent No. 2 feels aggrieved, it will be open to him to make an application. in this decided petition. 5. In view of the aforesaid facts and circumstances, Tehsildar, Tehsil Shahganj, District Jaunpur before whom Case No. T201814360102147 (Virendra Kumar v. Ishwar Lal), under section 35 of the U.P. Land Revenue Code, 2006 is pending, is ordered to decide the same positively within two months next from the date of production of a certified copy of this order, in accordance with law, after hearing all the parties concerned. 6. The writ petition is allowed in terms of the above order.