Point of Law: Mutation in cases of succession or transfer - On receipt of a report under section 33 or section 34, or upon facts otherwise coming to his knowledge, Tahsildar shall issue a proclamation and make such inquiry as appears to be necessary

JUDGMENT :

1. Heard Sri Rajesh Kumar, learned counsel for the petitioner and Sri Jitendra Singh, learned standing counsel for the respondents no.1 and 2.

2. Notice need not be sent to respondents no.3 and 4.

3. This writ petition has been filed with the following prayer:-

"A. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2 to decide the RST/03119 (Computer Case No. T-202015060603119) Mahesh Kumar and others Vs. Ram Kumar, Under Section 35 of U.P. Revenue Code, 2006, Village-Chanaita, Pargana-Atrouliya, Tehsil-Budhanpur, District-Azamgarh pending before the court of Naib Tehsildar Atraulia, Tehsil-Budhanpur, District-Azamgarh, during the pendency of the present writ petition before this Hon'ble Court during the pendency of the present writ petition before this Hon'ble Court."

4. It is contended by learned counsel for the petitioner that an application under Section 35 of U.P. Revenue Code, 2006 is pending consideration before the respondent no.2 since 2019. The limited prayer has been made for early disposal of application.

5. Learned standing counsel does not oppose the limited prayer so made by the petitioner.

6. As no useful purpose would be served in keeping the matter pending and calling for counter affidavit, the respondent no.2, Naib Tehsildar, Tehsil-Budhanpur, District-Azamgarh is directed to expeditiously decide RST/03119 (Computer Case No.95 T-202015060603119) Mahesh Kumar and others Vs. Ram Kumar, Under Section 35 of U.P. Revenue Code, 2006, Village-Chanaita, Pargana-Atrouliya, Tehsil-Budhanpur, District-Azamgarh preferably within next four months from the date of production of a copy of this order downloaded from the website of the High Court strictly in accordance with law after hearing the affected parties.

7. The writ petition stands disposed of.