Heard the learned counsel for the petitioner.
The present writ petition is moved invoking jurisdiction of this Court for issuing a direction under Article 227 of the Constitution of India to the court of appeal over a matter of mutation. The appeal is pending before opposite party no. 2-Sub Divisional Magistrate, Nawabganj, District Barabanki, under Section 210(1)(11) of the U.P.L.R. Act bearing Case No. 14673 of 2015, computerized Case No. T201504120114673 (Khushbu Vs. Kallu).
Copy of the petition is received in the office of learned CSC. Learned Addl. CSC is present to respond the petition representing opposite parties nos. 1 and 2.
So far as the issuance of notice to opposite party no. 3 before disposal of the writ petition is concerned, the said private opposite party, in view of the proposed order, need not be to served with notice, hence issuance of notice for service upon him is dispensed with.
The facts, emerging out from the averments made in the writ petition, reveal that the land bearing Gata No. 221 area 0.065 hectare, Gata no. 230 area 0.201 hectare and Gata no. 231 area 0.068 hectare situate in village Pyarepur, Sarraiya, Pargana Pratapganj, Tehsil Nawabganj, District Barabanki, is sought to be mutated in the revenue record in the name of the petitioner on the basis of a sale-deed. The mutation proceeding, under Section 34/35 of the Land Revenue Act, registered duly after seeking relevant report therefor and then decided in favour of the petitioner. Thereafter on the objection of opposite party no. 3, the same was restored and the matter kept for hearing afresh as against this order of restoration, the petitioner moved an appeal before the court, referred hereinabove, and is pending before the court of opposite party no. 2-Sub Divisional Magistrate, Nawabganj, District Barabanki.
Learned counsel for the petitioner drew attention of the Court towards the ordersheet, the photo-state copy whereof is made annexure for perusal of the Court that how and under what manner the appeal is being proceeded day-to-day, unreasonably and without making it clear that for what stage the same is being posted.
Learned Addl. CSC for the State would have no objection if any such direction is given to opposite party no. 2 to hear and decide the appeal, pending before him, as sooner practically possible within a period specified by the Court.
Accordingly, opposite party no. 2-Sub Divisional Magistrate, Nawabganj, District Barabanki is directed to hear and decide the appeal bearing No. 14673 of 2015, computerized Case No. T201504120114673 (Khushbu Vs. Kallu), in accordance with law on the basis of facts, materials and evidences available before it, if any such legal impediment or stay from the superior court is not before him, within a reasonable period not beyond 90 days from the date, certified copy of the order of this Court is placed before him.
Office is directed to issue certified copy of the order, if applied, in due process of law, urgently.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 20.12.2019 kkv/