Court No. - 38
Case :- WRIT - C No. - 28412 of 2021 Petitioner :- Ramfal Patel Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surya Prakash Pandey,Ajay Tripathi
Hon'ble Rajeev Misra,J.
1. Heard Mr. Surya Prakash, learned counsel for petitioner and learned Standing Counsel representing respondents 1 and 2.
2. Perused the record.
3. This Writ Petition under Article 226 of the Constitution of India has been filed for a writ of mandamus commanding respondent-2, Tehsildar, Tehsil- Handia, District Allahabad to decide Case No.608/82/94/257 Computer Case No. T20120234674 of 2015 (Ramfal Vs. Jawahir Lal) under Sections 34 of U.P. Land Revenue Act, 1901 within the time period fixed by this Court.
4. Learned counsel for petitioner contends that afore-mentioned mutation case was filed by petitioner in the year 2015. However, in spite of the fact that a period of more than 6 years has rolled by from the date of filing of above mentioned case, same has not been decided till date.
5. Learned counsel for petitioner next invited attention of Court to Rule 34 (7) of U.P. Revenue Code Rules, 2016 and on basis thereof, he contends that respondent-2 was under a legal obligation to decide above noted proceeding within the time period prescribed under the Rules. He further submits that delay in disposal of above mentioned case cannot be attributed to petitioner. On the aforesaid premise, it is thus urged that interest of justice shall better be served in case a direction is issued to respondent-2 to decide above mentioned case within the time period fixed by this Court. Consequently, mandamus as prayed for is liable to be issued by this Court.
6. Having heard learned counsel for petitioner, learned Standing Counsel representing respondents-1 and 2 and upon perusal of material brought on record, this court finds that no useful purpose shall be served in keeping this writ petition pending.
7. In view of above, this writ petition is finally disposed of with a direction to, respondent-2, Tehsildar, Tehsil- Handia, District Allahabad to decide afore-mentioned mutation case, with all expedition without granting any unnecessary adjournment to either of the parties and preferably within a period of three months from the date of production of a certified copy/computer generated copy of this order, which shall be filed by petitioner in above mentioned case by means of a Notary Affidavit.
Order Date :- 29.10.2021 Saif