Court No. - 18
Case :- WRIT - C No. - 30985 of 2019 Petitioner :- Abdul Hafeez Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudhir Kumar Pandey,Ram Pyare Counsel for Respondent :- C.S.C.
Hon'ble J.J. Munir,J.
On 25.9.2019, the following order was passed by this Court:
"This writ petition has been filed seeking the following material relief and no other:
"(I) Issue a writ order or direction in the nature of mandamus commanding to direct the respondent no. 2 to decide the case No. 761 of 2013/case No. 00237/2013/computerize case no. T2013171401000237-" Abdul Hafeez Khan vs. Smt. Sayra Khatoon"- under section 34 L.R. Act which is pending before the respondent no. 2, within the short stipulated period."
The proceedings of which the petitioner seeks expeditious disposal are a mutation case which the petitioner has filed on the basis of a registered sale deed executed in his favour by one Smt. Sayra Khatoon, respondent No. 3. It relates to Araji No. 405, admeasuring 0.054 hectares, situate at village Nand Nagar, Tappa- Sikandarpur, Pargana Amodha, Tehsil Harraiya, District Basti. The sale deed aforesaid was executed and registered on 28.05.2013. The mutation case on the basis of this transfer intervivos was filed on 01.06.2013, before the Naib Tehsildar, Sikandarpur, Harraiya district Basti. On the basis of the application the case was registered as one bearing number 761/2013 (computerize case No. T 2013171401000237, Abdul Hafeez Khan vs. Smt. Sayra Khatoon) under Section 34 Land Revenue Act.
The grievance of the petitioner is that the mutation case is pending since the year 2013, where as many as 80 general dates have been fixed between 05.07.2013 and 05.07.2019 with no order of any kind being recorded by the Officer. This is a very serious matter that a mutation application is pending for as long as a period of six years without any order being passed.
The Naib Tehsildar, Sikandarpur, Harraiya district Basti shall explain by filing his personal affidavit by day after tomorrow, as to how he has kept this mutation application pending. It shall be no explanation that there have been many incumbents in office during this period of time or that he has recently joined.
The Collector, Basti will also file his personal affidavit to indicate as to how he has permitted a mutation case to be adjourned for six years without any decision thereon by an Officer under his control. Both the personal affidavit shall be filed positively by 27.09.02019.
In case, the personal affidavits are not filed by 27.09.2019, the Collector, Basti and Naib Tehsildar Sikandarpur, Harraiya district Basti shall appear in person. However, in case, the personal affidavits, as directed, are filed, the officer need not appear. Lay this matter as fresh on 27.09.2019.
Let this order be communicated to the Collector, Basti and the Naib Tehsildar, Sikandarpur, Harraiya district Basti today by the Registrar General"
Today, personal affidavit of the District Magistrate, Basti has been filed in compliance with the orders of this Court above extracted, wherein she has annexed with it a copy of the mutation order dated 19.9.2019 passed in Mutation Case No.00237 of 2013.
Though, with the said mutation order being passed this writ petition has been rendered infructuous, this Court is constrained to remark that it is a little hard to believe perusing the order-sheets in the Mutation Case No.00237 of 2013, which record no proceedings during the past 18 dates from 5.7.2013 to 5.7.2019, that suddenly, the Tehsildar would rise to his conscience and decide the mutation case with almost artificial efficiency, on a date that is beyond the last date mentioned in the order-sheet, annexed to this writ petition.
This Court does not wish to say more but would remind the Collector, Basti to exercise better control over her Subordinate Officers.
The petition is, accordingly, dismissed as infructuous.
Let this order be communicated to the Collector, Basti by the Registrar General within 72 hours.
Order Date :- 27.9.2019/Neeraj