Heard Shri Surendra Kumar Shukla, learned counsel for the petitioner and learned Standing Counsel for opposite parties no.1 and perused the record.
As the controversy involved in the present case is trivial in nature, so with the consent of learned counsel for the parties present today, the present writ petition is finally disposed of at the admission stage. Accordingly, notice to opposite party no.2 is dispensed with.
In brief the facts of the present case as submitted by counsel for the petitioner are to the effect that in respect to the land in dispute, the petitioner filed a mutation case before the respondent and since then the same is pending at the end of the respondent without any rhyme or reason, hence the present writ petition has been filed with the prayer that the opposite party No.1 may be directed to decide the Case No.20140412054069 "Jagdish Prasad & Ors. vs. Gaura Devi" under Section 34/35 of L.R. Act, pending before him in accordance with law at the earliest.
Thus, after hearing learned counsel for the parties who are present today and taking into consideration the material on record as well as the circular issued by the Board of Revenue numbered as Circular No. 15863/4-5-86 dated August 7, 1990 by which it is provided that the matter in question and arising out of the mutation case should be decided within a time frame as mentioned therein by the Tahsildar/authority concerned, the interest of justice will sub-serve if opposite party no.1 is directed to consider and decide the matter in question expeditiously after hearing the counsel for the parties in accordance with law.
For the foregoing reasons, opposite party no.1/Naib Tehsildar, Siddhaur Tehsil-Haidergarh, District-Barabanki is directed to consider and decide the matter in question expeditiously, say, within a period of one year from the date of receiving a certified copy of this order after hearing the parties concerned in accordance with law, if possible.
It is clarified that this Court has not adjudicated the claim of the petitioner on merit.
With the above observation, the writ petition is finally disposed of.
Order Date :- 4.2.2016 Mahesh