Court No. - 6
Case :- WRIT - C No. - 34426 of 2021 Petitioner :- Asha Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Omkar Nath Rai Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri Omkar Nath Rai, counsel for the petitioner and learned Standing counsel for the State.
By means of the present writ petition, the petitioner seeks a direction in the nature of mandamus commanding the respondent no. 2 Tehsildar, Tehsil Tamkuhiraj, District- Kushinagar to consider and decide the Case No. 01005 of 2020 (Computerized Case No. T202005440501005 filed under Section 35 of U.P. Revenue Code, 2006 within a stipulated period of time.
It is contended by learned counsel for the petitioner that the petitioner filed mutation application 17.8.2020 for mutating her name in the revenue record on the basis of sale-deed which was executed by respondent no.3 in her favour on 17.8.2020 in respect of land situated in Village Bhujauli Bujurg Tappa Batesara, Pargana Sidhua Jobna Tehsil- Khadda District- Kushinagar, in which objection was filed by respondent no.4 on 21.8.2020 which is pending till date. The order-sheet of the said case indicates that no effective order has been passed and case was adjourned either due to strike of the lawyers or due to non- availability of the presiding officer as well as pandemic of Covid-19.
Learned Standing counsel submits that no useful purpose would be served to keep the writ petition pending and suitable direction may be issued by this Court to the authority concerned for deciding the same in time bound manner.
In the facts and circumstances of the case, direction is issued upon respondent no. 2 Tehsildar, Tehsil Tamkuhiraj, District- Kushinagar to consider and decide the Case No. 01005 of 2020 (Computerized Case No. T202005440501005 filed under Section 35 of U.P. Revenue Code, 2006 in accordance with law expeditiously, preferably within a period of six months from the date of production of a certified copy of this order.
With the above direction, the writ petition stands finally disposed of. No order as to costs.
Order Date :- 23.12.2021/Akbar