Court No. - 1
Case :- WRIT - C No. - 25711 of 2020 Petitioner :- Seema Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shriprakash Shrivastava Counsel for Respondent :- C.S.C.
Hon'ble Vivek Agarwal,J.
1. Heard Sri Shriprakash Srivastava, learned counsel for the petitioner and Sri Girish Vishwakarma, learned Standing Counsel for the State.
2. This petition has been filed seeking direction to command the respondent no.2 i.e. Naib Tehsildar, Tehsil-Kaptanganj, District- Kushinagar to decide the mutation case No.T2017054465061807; Seema Devi Vs. Vishwanath, under the provisions of Section 35 of U.P. Revenue Code, 2006.
3. Learned counsel for the petitioner submits that besides the provisions contained in Section 35 of the U.P. Land Revenue Code, 2006, there is an analogous provision contained in Rule 34 sub-Clause 7 making it mandatory for the Tehsildar to make an endeavour to decide undisputed case of mutation within a period of 45 days from the date of registration of the case and to decide a disputed case of mutation within a period of 90 days, and if the proceeding is not concluded within such period, reason for the same shall be recorded.
4. This prayer is not opposed by Sri Girish Vishwakarma, learned Standing Counsel for the State.
5. In view of such facts, this writ petition can be disposed of with a direction to respondent no.2 i.e. Naib Tehsildar, Tehsil- Kaptanganj, District-Kushinagar to decide the pending application/case of the petitioner on its own merits, referred to above, if possible, within a period of 90 days from the date of receipt of computer downloaded copy in PDF form of this order strictly in accordance with law provided none of the parties shall seek adjournment before the concerned Authority on any date, and if any adjournment is sought, competent authority will be free to impose heavy cost on the parties seeking adjournment.
6. In above terms, the writ petition is disposed off.
7. It is made clear that this Court has not expressed any opinion on the merits of the case.
Order Date :- 7.1.2021 Ashutosh