Court No. - 38
Case :- WRIT - C No. - 28345 of 2021 Petitioner :- Smt. Kusum Chaturvedi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamlesh Kumar Tiwari,Kripa Shankar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Kripa Shankar Pandey, learned counsel for petitioner and learned Standing counsel representing respondents 1 and 2.
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-2, Tehsildar-Tehsil-Budhanpur, District-Azamgarh to decide Case No. 01889 of 2020 (Computerized No. T2020- 150-6060-1889 (Kusum Vs. Kamlawati) under Sections 34/35 of U.P. Revenue Code 2006, within the time period, fixed by this Court.
4. Learned counsel for petitioners contends that afore- mentioned mutation case was filed by petitioner in the year 2020. However, in spite of the fact that a period of more than one year 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-2, Tehsildar-Tehsil- Budhanpur, District-Azamgarh 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 mutation case is not attributable to petitioner. On the aforesaid premise, it is thus urged that interest of justice shall better be served in case a direction is issued to respondent-2 to decide above mentioned case within the time period fixed by this Court.Consequently, mandamus as prayed for by petitioner is liable to be issued by this Court.
6. Having heard learned counsel for petitioner, learned Standing Counsel representing respondents-1 and 2 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-2, Tehsildar-Tehsil-Budhanpur, District-Azamgarh to decide Case No. 01889 of 2020 (Computerized No. T2020-150-6060-1889 (Kusum Vs. Kamlawati) under Sections 34/35 of U.P. Revenue Code 2006, with all expedition, without granting any unnecessary adjournment to either of the parties 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 petitioner in above mentioned mutation case by means of a Notary Affidavit.
Order Date :- 29.10.2021 YK