Research › Search › Judgment

Allahabad High Court · body

2023 DIGILAW 1015 (ALL)

Ajeet Pratap Singh v. State of U. P.

2023-04-12

SAURABH LAVANIA

body2023
JUDGMENT Saurabh Lavania, J. Heard. 2. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. 3. By means of this petition, the petitioner seeks expeditious disposal of Case No.5451 of 2022, Computerized Case No. T-202204230105451 filed under Section 34 of the U.P. Revenue Code, 2006 pending before the respondent No.2. 4. It is stated that as per Rule 34(7) of U.P. Revenue Code Rules, 2016 made under the U.P. Revenue Code, 2006, the mutation proceedings, being summary in nature, ought to have been decided within 45 days if there is no dispute and if there is dispute, then the same should preferably be decided within 90 days. However, in the instant case, the proceedings for mutation are pending since 22.06.2022. In these circumstances, indulgence of this Court is required in the matter. The prayer is to expedite the proceedings of pending case. 5. Learned State counsel submits that he has no objection in case an expedite order is passed. 6. Considering the facts and circumstances of the case, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is disposed of with a direction to the respondent No.2-Naib Tehsildar (Judicial), Sadar, District-Ayodhya to consider and decide the pending proceedings of Case No.5451 of 2022, Computerized Case No. T-202204230105451, most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any unnecessary adjournment to either party preferably within a period of three months from the date a certified copy of this order is placed before the Authority concerned, if possible and if there is no other legal impediment in this regard. 7. Petitioner is directed to file an affidavit of undertaking before the Authority concerned that he would appear on each date fixed in the case and he will not take any adjournment before the Authority concerned. 8. It is made clear that this Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law. 9. With the aforesaid, the petition is disposed of.