Court No. - 38
Case :- WRIT - C No. - 28392 of 2021 Petitioner :- Diwakar Prasad And 6 Others Respondent :- Tehsildar Tehsil Meja And Another Counsel for Petitioner :- Awadhesh Kumar Sharma,Sharda Vishwakarma Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
1. Heard Mr. A.K. Sharma, learned counsel for petitioners and learned Standing Counsel representing respondent- 1.
2. Perused the record.
3. This Writ Petition under Article 226 of the Constitution of India has been filed for a writ of mandamus commanding respondent-1, Tehsildar, Tehsil- Meja, District Prayagraj to decide Case No. T-20110238204 of 2011 (Smt. Maya Devi Vs. Diwakar Prasad and Others) under Sections 34/ 35 of U.P. Land Revenue Act, 1901 within the time period fixed by this Court.
4. Learned counsel for petitioners contends that afore- mentioned mutation case was filed by petitioners in the year 2011. However, in spite of the fact that a period of more than 10 years has rolled by from the date of filing of above mentioned case, same has not been decided till date.
5. Learned counsel for petitioners next invited attention of Court to Rule 34 (7) of U.P. Revenue Code Rules, 2016 and on basis thereof, he contends that respondent-1 was under a legal obligation to decide above noted proceeding within the time period prescribed under the Rules. He further submits that delay in disposal of above mentioned case cannot be attributed to petitioners. On the aforesaid premise, it is thus urged that interest of justice shall better be served in case a direction is issued to respondent-1 to decide above mentioned case within the time period fixed by this Court. Consequently, mandamus as prayed for is liable to be issued by this Court.
6. Having heard learned counsel for petitioners, learned Standing Counsel representing respondent-1 and upon perusal of material brought on record, this court finds that no useful purpose shall be served in keeping this writ petition pending.
7. In view of above, this writ petition is finally disposed of with a direction to, respondent-1, Tehsildar, Tehsil- Meja, District Prayagraj to decide afore-mentioned mutation case, with all expedition without granting any unnecessary adjournment to either of the parties and preferably within a period of three months from the date of production of a certified copy/computer generated copy of this order, which shall be filed by petitioners in above mentioned case by means of a Notary Affidavit.
Order Date :- 29.10.2021 Saif