Court No. - 7
Case :- WRIT - C No. - 34366 of 2021 Petitioner :- Gyanendra Mishra And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Chandra Prakash,Rama Shankar Prasad Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner, learned Standing Counsel representing State and perused the record.
The present writ petition has been filed beseeching the expeditious disposal of case No. 3478 of 2015 (Late Ramashankar Mishra Vs. Musmmat Balesara) under Section 34 of the UP Land Revenue Act, 1901 pending in the court of Tehsildar (respondent No. 2).
It is submitted by the counsel for the petitioner that the mutation application filed by the petitioner under Section 34 of the UP Land Revenue Act, 1901 is pending since 2015 and the statutory period for deciding the aforesaid application, as enshrined under Rule 34 (7) of the UP Revenue Code Rules, 2016, has already elapsed but, till date, no final decision is taken on the aforesaid application.
Learned Standing Counsel has no objection in case a direction is issued for early disposal of the case.
In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case as mentioned in the present writ petition, with a direction to Tehsildar (respondent No. 2) before whom the aforementioned matter is pending disposal, to decide the same expeditiously, preferably, within a period of three months from the date of receipt of a certified copy of this order.
It is expected that it should be decided by a reasoned and speaking order, in accordance with law, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments to either of the parties.
With the aforesaid direction, present writ petition is disposed of.
Order Date :- 23.12.2021/vinay