Anita Devi and another vs Rajan

Pankaj Purohit, J

This writ petition has been filed under Article 227 of the Constitution of India, whereby the petitioners sought a direction that learned Tehsildar, Vikasnagar, Dehradun, be directed to decide and conclude the proceedings of Misc. Case No.25 of 2020-21, Smt. Anita Devi and another Vs. Rajan, expeditiously within the time stipulated by this Court.

It is contended by counsel for the petitioners that the Misc. Case No.25 of 2020-21, Smt. Anita Devi and another Vs. Rajan, was filed in the court of learned Tehsildar, Vikasnagar, Dehradun, on 11.07.2020 for mutation. The respondent appeared in the proceedings and has filed his objection to the application for mutation moved by the petitioners on 11.07.2022. The reply/counter objection has been filed by the petitioners on 05.09.2022; since then the matter is listed for arguments.

It is further contended by counsel for the petitioners that the matter is being adjourned for one reason and the other and there is delay being caused in all in the aforesaid case.

Learned counsel for the petitioners also submits that the right of speedy justice is a fundamental right and therefore a direction may be issued to the learned Tehsildar, Vikasnagar, Dehradun, to decide the case expeditiously.

Having heard learned counsel for the petitioner as well as having gone through the documents annexed with the writ petition, particularly the counter objection filed by the petitioners as well as the entire order sheet of the case, this Court is of the view that the case is being adjourned for various reasons since the year 2020 and the even the matter was listed for final hearing on 12.09.2022.

This Court is of the view that it is a fit case where a direction can be issued for expeditious disposal of the aforesaid case.

Accordingly, writ petition is allowed. Learned Tehsildar, Vikasnagar, Dehradun is directed to hear and conclude the Misc. Case No.25 of 2020-21, Smt. Anita Devi and another Vs. Rajan, expeditiously not later than three months from the date of production of certified copy of this order.