Court No. - 38
Case :- WRIT - C No. - 27842 of 2021 Petitioner :- Ravi S Pandey Respondent :- State Of U.P. Through Revenue Department, U.P., Lko Counsel for Petitioner :- Manisha Chaturvedi,Smt. Chandra Kala Chaturvedi Counsel for Respondent :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Ms. Manisha Chaturvedi, learned counsel for petitioner, learned Standing Counsel for respondents 1, 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 directing respondent-2 Nayab Tehsildar Mandal Gorakhpur, Tehsil, Kasaya, District-Kushi Nagar to decide Mutation Case No. 01288 of 2019 (Anand Vs. Ravi) under Section 34 of U.P. Revenue Code 2006, within a stipulated period fixed by this Court.
4. Learned counsel for petitioner contends that above mentioned mutation case was filed in the year 2019 and inspite of the fact that a period of more than 2 years has expired, above mentioned case has not been decided till date.
5. Learned counsel for petitioner then 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 legal obligation to decide above noted proceeding within the time period prescribed under the Rules. He also submits that delay in disposal of mutation 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 stipulated by this Court.
6. Having heard learned counsel for petitioner, learned Standing Counsel representing respondents-1, 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 Nayab Tehsildar Mandal Gorakhpur, Tehsil, Kasaya, District-Kushi Nagar to decide afore-mentioned mutation case, with all expidition without granting any unnecessary adjourment 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 mutation case by means of a Notary Affidavit.
Order Date :- 25.10.2021 Arshad Digitally signed by Justice Rajeev Misra Date: 2021.10.25 18:08:27 IST Reason: Document Owner Location: High Court of Judicature at Allahabad