Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 6687 of 2015 Petitioner :- Rajesh Singh Respondent :- Additional Commissioner Judicial I And 3 Others Counsel for Petitioner :- Rahul Srivastava Counsel for Respondent :- C.S.C.,Arun Kumar Misra,Virendra Singh
Hon'ble Ajit Kumar,J.
Heard Sri Aishwary Krishna, learned Advocate holding brief of Rahul Srivastava and learned counsel for the contesting respondents.
The short question of law involved in the present case is that whether the appeal would lie against an order passed in mutation proceedings by the Tehsildar/ Naib Tehsildar.
Learned counsel for the contesting respondents has placed before this Court a notification issued under the Government Order dated 28th February, 1976 whereby the power of appeal against the order of Tehsildar in mutation proceedings has been delegated to the Sub-Divisional Officer.
In such above view of the matter, therefore, the legal issue is no more res integra.
In view of the above, I do not find any error apparent on the face of the record insofar as the order passed by the Additional Commissioner (Judicial) Aligarh Division, Aligarh dated 29th September, 2015 is concerned.
It is, however, provided that the pending appeal before the Sub- Divisional Magistrate is directed to be disposed of within a period of three months from the date of production of copy of this order, of course, after giving full opportunity of hearing to the parties concerned.
This petition is, accordingly, dismissed and is consigned to records subject to above observations and directions.
Order Date :- 28.10.2021 Atmesh