Shyam Sundar Pathak vs State Of U.P. And 3 Others
2022 Latest Caselaw 13041 ALL

Citation : 2022 Latest Caselaw 13041 ALL
Judgement Date : 14 September, 2022

Allahabad High Court

Shyam Sundar Pathak vs State Of U.P. And 3 Others on 14 September, 2022

Bench: Chandra Kumar Rai




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 52
 

 
Case :- WRIT - C No. - 24973 of 2022
 

 
Petitioner :- Shyam Sundar Pathak
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Birendra Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Chandra Kumar Rai,J.

Heard Sri Anurag Rai, holding the brief of Sri Birendra Singh, counsel for the petitioner and the learned standing counsel for respondent nos. 1 to 4.

The instant writ petition has been filed for the following reliefs:-

"Issue a writ, order or direction in the nature of mandamus, commanding and directing the Tehsildar, Tehsil Naraini, District Banda to forthwith ensure compliance of the order dated 23.11.2021 passed by Board of Revenue, U.P. Prayagraj, respondent no.2 in Case No. REV/780/2018/Banda (Computer Case No.AL2018071100780) (Smt. Rajabai vs. Smt. Kaushalya and Others), under Sections 33/39 of U.P. Land Revenue Act, 1901, judgment and order dated 27.8.2016, passed by Tehsildar, Tehsil Naraini, respondent no.4 in Case No.167.241/27/149 (Computer Case No.T201607110) (Smt. Lalla Bai vs. Ganeshi) and mutate the name of heirs of Ganeshi / Rambai in revenue record in respect of his land and property."

Counsel for the petitioner submitted that while deciding the revision by Board of Revenue on 23.11.2021, a direction was issued to decide the mutation case within a period of 6 months but even after expiry of 6 months, mutation case has not been decided till date.

In view of the facts and circumstances of the case, without expressing any opinion on the merits of the case, this petition is disposed of with the direction to respondent no.4 to decide the mutation proceedings to its logical conclusion, as expeditiously as possible, preferably within a period of 3 months, from the date of production of a certified copy of this order before the authority concerned, without granting unnecessary adjournments to either of the parties.

Order Date :- 14.9.2022

C.Prakash