Heard Sri Rajesh Kumar Dubey, learned counsel for the petitioner, Sri Aditya Kesari, learned Standing Counsel appearing on behalf of respondent Nos. 1 and 3 and Sri Manoj Kumar Yadav, learned counsel appearing on behalf of the Gram Sabha Jamua, respondent No.2.
This writ petition has been filed by the petitioner seeking the following relief and no other:
"i) Issue a writ, order or direction in the nature of mandamus directing the Tehsildar, Tehsil Madiahu, District Jaunpur/Respondent No.1, for deciding the Case No.20191436062553, (Jitendra Bahadur Vs. Suryabali) under Section 34 of the U.P. Land Revenue Code, 2006, Village Jamua, Pargana and Tehsil Madiahu, District Jaunpur, within stipulated period as directed by this Hon'ble Court."
The submission of learned counsel for the petitioner is that he has filed for mutation under Section 34 of the U.P. Land Revenue Code, 2006, in the year 2016. He states that the mutation has been applied for on the basis of acquisition of rights through a registered sale deed dated 07.08.2015, executed in his favour. The mutation application that has been registered as Case No.20191436062553 is pending for the past three years. Learned counsel for the petitioner has invited the attention of the Court to the order-sheet, which shows that between 13.06.2017 and 26.07.2019, thirty eight dates have been fixed. On none of these dates, any order of moment has been passed or substantial proceedings taken. The orders are either ones fixing general dates or adjournment due to Presiding Officer being busy with administrative business or members of the Bar resolving not to attend judicial work. Mutation matters are in their nature urgent and require to be summarily determined, as valuable rights of parties are dependent, besides the revenue interest of the State being involved.
Looking to the nature of the order that this Court proposes to pass, it is not necessary to issue notice to respondent Nos.4 to 8, as no order of determination of rights of parties is made here. However, if the said respondent Nos.4 to 8 feel aggrieved by this order, it will be open to them to move an application in the decide petition.
Considering the overall facts and circumstances of the case, the Tehsildar, Tehsil Madiahu, District Jaunpur-Respondent No.1, is ordered to decide Case No.20191436062553, Jitendra Bahadur Vs. Suryabali filed under Section 34 of the U.P. Land Revenue Code, 2006, relating to Village Jamua, Pargana and Tehsil Madiahu, District Jaunpur, within a period of eight weeks from the date of receipt of a certified copy of this order, positively after hearing all parties concerned in accordance with law.
The writ petition stands allowed in terms of the aforesaid orders.
There shall be no order as to costs.
Order Date :- 30.9.2019/NSC