Allahabad High Court High Court

Kailash Singh And Others vs Commissioner, Azamgarh And … on 1 February, 2010

Allahabad High Court
Kailash Singh And Others vs Commissioner, Azamgarh And … on 1 February, 2010
Court No. - 6

Case :- WRIT - C No. - 3975 of 2010

Petitioner :- Kailash Singh And Others
Respondent :- Commissioner, Azamgarh And Others
Petitioner Counsel :- Kamal Kumar Singh
Respondent Counsel :- C.S.C.

Hon'ble Pankaj Mithal,J.

Heard learned counsel for the petitioners.

Petitioners applied for mutation of their names against the land in
dispute. Pending mutation proceedings, petitioners applied for
transfer of the said proceedings before some other Tehsildar. The
application was rejected. Therefore, petitioners preferred revision
before the Commissioner which has been allowed but with a rider
to decide mutation proceedings within a period of one month.

Aggrieved by the second part of the order of the Commissioner
dated 23.12.2009 directing for deciding the mutation proceedings
within one month petitioner has come up in this writ petition.

The order impugned is basically in favour of the petitioners in as
much as his application for transferring the mutation proceedings
has been allowed and in doing so if the Commissioner has put a
condition that the proceedings be decided as expeditiously as
possible within a period of one month without granting any
unnecessary adjournments, no injustice or prejudice has been
caused to the petitioners so as to invoke the writ jurisdiction.

The writ petition as such is totally misconceived and is dismissed.

Order Date :- 1.2.2010
SKS