Court No. - 40
Case :- WRIT - C No. - 16742 of 2021 Petitioner :- Lal Ji Yadav Respondent :- Tehsildar And 2 Others Counsel for Petitioner :- Dhiraj Singh,Satyam Kumar Jaiswal Counsel for Respondent :- C.S.C.
Hon'ble Jayant Banerji,J.
Heard Shri Dhiraj Singh, learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent no.1.
This petition has been filed with the following prayer:-
"(a) Issue a writ order or direction in the nature of mandamus directing the Tehsildar, Tehsil & District-Deoria/respondent no.1 to decide the Mutation Case No.T2017052055011461 (Lalji v. Baleshwar) filed by the petitioner dated 08.03.2017 in the proceeding of under section 34 of the Uttar Pradesh Land Revenue Code, 2006."
It appears from the writ petition that the petitioner has purchased a Plot No.175 at Village-Sajhavaliya Tappa-Berauna, Pargana-Salempur Majhauli, Tehsil & District Deoria by means of a registered sale deed dated 08.03.2017. An application for mutation was filed by the petitioner in the year 2017 which is still pending before the respondent no.1.
The learned Standing Counsel has very fairly pointed out that in view of the provisions of Rule 34 of the U.P. Revenue Code Rules, 2016, in case there is a dispute, the application is enjoined to be decided within a period of 90 days and if the proceedings are not concluded within the period specified, the reason for the same ought to be recorded.
A perusal of the order-sheet that has been filed alongwith the writ petition at Annexure-4 reveals that though dates are fixed in the matter, the mutation case is not being decided and no reason has been assigned for not deciding the case within the specified time.
Under the circumstances, it is directed that the respondent no.1 shall take a decision in the mutation case expeditiously, after hearing all the parties concerned, no later than six months from the date a copy of this order is presented before him alongwith an affidavit.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 27.7.2021 SK (Jayant Banerji, J.)