Notices on behalf of opposite parties no.1 and 2 have been accepted by learned Chief Standing Counsel.
For the orders proposed to be passed, there is no need to issue notice to opposite party no.3, therefore, issuance of notice against him is dispensed with.
Heard learned counsel for the petitioner and learned Standing Counsel.
Submission of learned Counsel for the petitioner is that the petitioner had purchased the land of Gata No.14 measuring area 0.316 hectare situate at Village Badanpur, Pargana Bidahar, Tehsil Tanda, District Ambedkar nagar from Ram Ashish (opposite party no.3) through registered sale deed on 04.06.2013. On the basis of the said registered sale deed, the petitioner has moved an application for mutation of her name in the revenue record under Section 34 of the U.P. Land Revenue Act, which was registered as Mutation Case No.1034 (Taramati Vs. Ram Ashish) after receiving the transfer report of area Lekhpal. Learned Counsel for the petitioner has further submitted that as per the Circular of the Board of Revenue No.15863/4.5.86 dated 07.08.1990, uncontested mutation case should be decided within a period of 45 days but the opposite party no.2 is not adhering to the Circular of the Board of Revenue, therefore, the petitioner is constraint to approach this Court for seeking a direction against the Tehsildar, Tehsil Tanda, District Ambedkar Nagar (opposite party no.2) for expeditious disposal of the aforesaid application within the time framed by this Court.
Learned Standing Counsel has no objection to the innocuous prayer of the learned counsel for the petitioner.
Considering the innocuous prayer of learned Counsel for the petitioner and also without entering into the merits of the case, the writ petition is disposed of finally with a direction to the Tehsildar, Tehsil Tanda, District Ambedkar Nagar (opposite party no.2) to make an earnest endeavour to consider and decide Mutation Case No.1034 (Taramati Vs. Ram Ashish), under Section 34 of the U.P. Land Revenue Act expeditiously, if possible within a period of three months from the date of production of certified copy of this order, in accordance with law, after providing opportunity of hearing to all the concerned parties. However, it is made clear that unnecessary adjournment shall neither be sought by the parties to the case nor the same shall be granted by learned court below.
Order Date :- 21.11.2016 akverma