Court No. - 40
Case :- WRIT - C No. - 17390 of 2021 Petitioner :- Beerbal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gokaran Singh Counsel for Respondent :- C.S.C.
Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondent nos. 1, 2 and 3.
This petition has been filed with the following prayer:
"I. Issue a writ order or direction in the nature of Mandamus Commanding to direct the Nayab Tehsildar-Judicial, Tehsil Ghosi, District Mau to decide the Case No. 621 of 2003 (Beerbal Vs. Keshav), under Section 34 of U.P. L.R. Act 1950, expeditiously preferably within 4 months".
The contention of the learned counsel for the petitioner is that a mutation case is pending since the year 2003 before the respondent no. 2 which is not being decided. Learned counsel has referred to the order-sheet that has been enclosed as Annexure No. 3 to the writ petition to submit that repeated dates have been fixed in the matter without any development. Learned counsel states that under the provisions of Section 34 of the U.P. Revenue Code Rules, 2016, the authority is enjoined to decide the undisputed cases of mutation within a period of 45 days from the date of filing of the case and disputed mutation cases within 90 days and if the proceedings are not concluded within such period then the reasons for the same are required to be recorded.
Learned Standing Counsel states that the authority concerned will take a decision expeditiously in the matter.
Under the circumstances, this petition is disposed of directing the respondent no. 3, Nayab Tehsildar, Tehsil Ghosi, District Mau/ or the authority competent, to decide the aforesaid case expeditiously and preferably within a period of 6 months from the date of filing of a copy of this order before him after providing opportunity of hearing to the parties concerned in accordance with law.
Order Date :- 29.7.2021 A. V. Singh (Jayant Banerji, J.)