The case is called out.
Learned counsel for the petitioner and Sri Ramesh Chandra, learned Standing Counsel are present.
The present petition is moved for direction to dispose of expeditiously the mutation case filed under Section 34 of U.P. Land Revenue Act pending since 2004 before the opposite party no.1-the sole opposite party-Tehsildar, Tehsil Tarabganj, District Gonda.
Since in such matters wherein a direction is sought against the State or State instrumentalities, the State is a necessary party. Learned counsel for the petitioner has skipped in arraying the State as party in the array of respondent.
The copy of the petition has already been received in the office of learned C.S.C., pursuant thereto learned A.C.S.C. is present. Therefore, the State be made as opposite party through the Principal Secretary (Revenue), U.P. Secretariat, Government of U.P., Lucknow during the course of the day.
Learned counsel submits that there is no contest in mutation proceeding against the petitioner as the property in respect of which the record of right is to be amended by mutation is in accordance with the pedigree coming down from establishing the right of petitioner to be mutated as heir of the deceased-father. Petitioner alleges, that is why there is no private opposite party arrayed in the petition.
Keeping in view the said facts and the fact that the application under Section 34 of U.P. Land Revenue Act despite the statutory time limit of 45 days if the case is uncontested is kept pending since 2010.
The typed copy of order sheet also shows that without any reasonable cause and only due to non availability of I.O. or his busyness in the administrative work or due to lawyers strike, the matter remains kept undisposed of.
Keeping the matter with regard to mutation in revenue records particularly where proprietary right is involved, the pendency of matter for such a long period is not only vexatious to the parties to the proceeding but also onerous on the revenue department. Therefore, learned A.C.S.C. would have no objection if any such direction is passed to the Court concerned for disposal of the application in accordance with law as sooner as possible within a specified period by the Court.
In the circumstances and facts stated hereinabove, the opposite party no.1-Tehsildar, Tehsil Tarabganj, District Gonda is directed to dispose of the application under Section 34 pending before him, the Case No. 194/234/1848/395/2237+56+396/2238, 397/2239 (computerized no.T201108306188), under Section 34 of U.P. Land Revenue Act within a reasonable period not beyond three months on the basis of materials available on record and reported to him in accordance with the provisions of law.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 17.12.2019 Saurabh