SUDHIR KUMAR SAXENA, J. - (1.) THIS writ petition has been filed for a writ of mandamus commanding Tehsildar (Judicial), Tehsil - Tanda to decide the application filed under Section 34 of the U.P. Land Revenue Act.
(2.) I have heard Sri M.R. Yadav, learned counsel for the petitioner and Sri Z.Jilani, learned Additional Advocate General for respondent -State.
(3.) BRIEFLY stated facts are that application for mutation was moved in the year 1997 on the basis of registered will. However, said application could not be decided so far. Feeling intrigued over long delay taken in deciding the summary proceedings, an affidavit was called from the Board of Revenue on 16.05.2013. According to the affidavit filed by Sri Alok Kumar, Secretary, Board of Revenue up to 30.08.2014, 1,61,358 cases were pending under Section 34 of the U.P.L.R. Act. Another affidavit has been filed by Sri Alok Kumar on 17.12.2014, which shows that as on 20.11.2014, 3,31,618 cases were pending under Section 34 of the Act before Tehsildar/Naib Tehsildar, out of which 1,29,877 cases were uncontested and rest contested. It is also stated in the affidavit that a period of forty five days has been fixed for deciding uncontested application vide notification dated 15.01.2011 issued under Section 3 of the Uttar Pradesh Janhit Guarantee Ordinance, 2011. It is thus apparent that all the uncontested cases had to be disposed of within a period of forty five days. Chart annexed with the affidavit shows that only 250 uncontested cases could not be disposed of within forty five days. Commissioner/Secretary, Board of Revenue had issued circular on 23.12.2014 to launch a special drive for doing away with the uncontested cases filed under Section 34 of the Act. From the annexure, it is apparent that Board of Revenue had also taken action against some officers for not deciding the cases within stipulated period. Moreoever, Sri Javed Usmani, Chairman, Board of Revenue had also issued a D.O. on 19.09.2014 emphasizing the need to dispose of 16.50 lac revenue cases and number of cases to be decided by Officers at different levels has also been fixed.;