Court No. - 18
Case :- WRIT - C No. - 31040 of 2019 Petitioner :- Maya Jaiswal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Maurya Counsel for Respondent :- C.S.C.
Hon'ble J.J. Munir,J.
This writ petition has been filed praying for the following material relief and no other:
"(i) issue a writ, order or direction in the nature of Mandamus direction/commanding the respondent no.2 to consider and decide the case no.155/2439 (Smt. Maya Jaiswal Vs. Babulal and Others) under Section 34 of Land Revenue Act, pending before the Court of Tehsildar, Tehsil Sadar, District Gorakhpur since 2012, expeditiously within a stipulated period of time."
Heard Sri Sanjay Maurya, learned counsel for the petitioner, Sri Vishnu Kumar, learned Standing Counsel appearing on behalf of respondent Nos. 1 and 2. The petitioner has filed for mutation of his name on the basis of a registered sale deed executed in his favour by respondent No.3 on 09.09.2012. The mutation case has been registered as Case No.155/2439 Smt. Maya Jaiswal Vs. Babulal and Others). Respondent No.3 has filed objections to the mutation case, though he is the vendor. The mutation application was filed in the year 2012, a copy of which has been annexed as Annexure-2 to the writ petition. There is also a computerised record annexed in the case. The order-sheet shows adjournment on many occasions by general dates being fixed, and sometime for other inconsequential reasons, such as the Presiding Officer being engaged in administrative business or on some dates, the members of the Bar abstaining from judicial work. A perusal of the order-sheet shows that some 129 dates have been fixed in the mutation case and till date, the same has not been disposed of. 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 No.3 as no order of determination of rights of parties is made here. However, if the said respondent No.3 feel aggrieved by this order, it will be open to him to move an application in the decide petition.
Considering the overall facts and circumstances of the case, the Tehsildar, Tehsil Sadar, District Gorakhpur, is ordered to decide Case No.155/2439 Smt. Maya Jaiswal Vs. Babulal and Others under Section 34 of Land Revenue Act, within a period of three months from the date of production of a certified copy of this order, positively and without fail after hearing all parties concerned in accordance with law.
The writ petition stands allowed in terms of the aforesaid orders.
Costs easy.
Order Date :- 26.9.2019 NSC