Court No. - 9
Case :- WRIT - C No. - 24102 of 2019 Petitioner :- Smt. Raghuraji Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jaya Nath Patel Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and Shri Manoj Kumar Yadav for the Gaon Sabha, respondent no. 3.
This writ petition has been filed seeking the following relief:-
"(A) Issue a writ, order or direction in the nature of mandamus directing/commanding the Respondent No.2(Tehsildar, Tehsil Machhalishahar, District Jaunpur) to decide the Case No. 923 of 1998, Computerize Case No.T201814360307797 (Raghuraji Devi Versus Gaon Sabha and another) under Section 34 Land Revenue Act, Village Pura Pratap Shah, Pargana Garhwara, Tehsil Machhalishahar, District Jaunpur, pending in the Court of learned Tehsildar, Tehsil Machhalishahar, District Jaunpur, within stipulated period as may be granted by this Hon'ble Court. (Annexure No.1 to this writ petition)."
The grievance of the petitioner is that her mutation application filed in the year 1998 has not been decided finally.
Perusal of the order sheet of the proceedings filed on record indicates that in the year 2004, counsel for the petitioner had sought time to adduce evidence in support of the petitioner's case.
On a pointed query by the Court, counsel for the petitioner admits that the matter is still pending at the stage of evidence.
It is therefore, clear that more than 15 years have elapsed but the petitioner has not adduced her evidence. Therefore, this Court does not consider it expedient to issue any direction for disposal of the mutation case in a time bound manner.
The writ petition is disposed of with the observation that as and when the petitioner adduces her evidence, the Court may thereafter, endeavour to decide the mutation case on its merits.
Order Date :- 25.7.2019 Mayank