Court No. - 38
Case :- WRIT - C No. - 28274 of 2021 Petitioner :- Smt. Reemawati Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rishikesh Pati Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
1. Heard Mr. R.P. Tripathi, learned counsel for petitioner and learned Standing counsel representing respondents 1 and 2.
2. This Writ Petition under Article 226 of the Constitution of India has been filed for a writ of mandamus directing respondent-2 to decide Mutation Case No. 9533 of 2018 (Geeta Devi Vs. Munni Lal) under Section 34/35 of U.P. Revenue Code 2006, within a stipulated period fixed by this Court.
3. Learned counsel for petitioner contends that above mentioned mutation case was filed in the year 2018 and inspite of the fact that a period of more than 3 years has expired, above mentioned case has not been decided till date.
4. 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 afore mentioned 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. Consequently, mandamus as prayed for is liable to be granted.
5. 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 by keeping this writ petition pending.
6. In view of above, this writ petition is finally disposed of with a direction to respondent-2 Tehsildar, Tehsil Deoria, District Deoria to decide afore-mentioned mutation case, with all expidition without granting any unnecessary adjourment 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 mutation case by means of a Notary Affidavit.
Order Date :- 29.10.2021 Arshad