Court No. - 6
Case :- WRIT - C No. - 34465 of 2021 Petitioner :- Suman Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brijesh Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Shri Brijesh Kumar Mishra, learned counsel for the petitioner, learned standing counsel for the State-respondent nos.2 and 3 and perused the record.
The instant writ petition, under Article 226 of the Constitution, has been filed with the following prayer:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding to the respondent no.2 i.e. Tehsildar, Tehsil- Deoria Sadar, District- Deoria to decide the mutation case bearing No.08447 of 2018, Computerized No.T201805200108447 (Suman Devi Surendra Pratap Singh), under Section 34/35 of U.P. Revenue Code, 2006, pedning in the court of respondent no.2 since 12.07.2018, within stipulated period fix by this Hon'ble Court."
It is contended by the counsel for the petitioner that she has filed an application dated 12.07.2018 for mutating her name in the Revenue record on the basis of the sale-deed dated 11.07.2018 executed by the respondent no.3 in her favour in respect of Arazi No.516M, area 0.036-1/4 Hectare, situated at Village- Karaj, Pargana- Silhat, Tehsil & District- Deoria, which is pending till date.
The order-sheet of the case indicates that the case was adjourned mostly due to strike of the lawyers or due to non- availability of the Presiding Officers and general dates have been fixed. The record of the order-sheet further indicates that on the several occasions, time was granted to the respondent no.3 to file an objection against the said application, if any, but no objection has been filed.
Learned Standing counsel submits that no useful purpose would be served to keep the writ petition pending and suitable direction may be issued to respondent no.2 i.e. Tehsildar, Tehsil- Deoria Sadar, District- Deoria by this Court to conclude the aforesaid proceedings within stipulated time.
In the facts and circumstances of the case, direction is issued upon respondent no.2 i.e. Tehsildar, Tehsil- Deoria Sadar, District- Deoria, to decide the mutation case bearing No.08447 of 2018, Computerized No.T201805200108447 (Suman Devi Surendra Pratap Singh), under Section 34/35 of U.P. Revenue Code, 2006 in accordance with law expeditiously, preferably within a period of six months from the date of production of a certified copy of this order.
With the above direction, the writ petition stands finally disposed of. No order as to costs.
Order Date :- 23.12.2021 Zafar