Gulshana vs Hanifa

Alok Kumar Verma, J

One Jameel Ahmad died on 16.05.2021. Two Applications for mutation (No.2754 of 20-21 and No.2755 of 20-21) were filed by the petitioner before the Tehsildar, Roorkee, District Haridwar on the basis of an unregistered will dated 11.01.2005, executed by Jameel Ahmad. An Application for mutation (Case No.2653 of 20-21) was filed by the respondent on 02.08.2021 on the basis of succession. During the pendency of these three cases, the Revenue Inspector passed an order on 22.09.2021, by which the name of the respondent was mutated. The said order of the Revenue Inspector was challenged before the Tehsildar. The Tehsildar, Roorkee stayed the operation of the mutation order dated 22.09.2021 on 23.05.2022. The order dated 23.05.2022 was challenged by the respondent before the Collector, Haridwar. On 09.02.2023, the Collector, Haridwar stayed the said order dated 23.05.2022 in Revision No.5 of 2021-2022 and the matter was remanded with a direction to the Tehsildar, Roorkee to decide the mutation cases within 30 days’ on merits. The order of the Collector was challenged by the petitioner before the Board of Revenue in Revision No.52 of 2022-2023. The Board of Revenue, Uttarakhand dismissed the revision of the petitioner on 28.04.2023. Hence, the present writ petition has been filed under Article 227 of the Constitution of India.

Heard Mr. Nagesh Aggarwal, learned counsel for the petitioner and Mr. Gopal K. Verma, learned counsel for the respondent.

Mr. Nagesh Aggarwal, Advocate, appearing for the petitioner & Mr. Gopal K. Verma, Advocate, appearing for the respondent have requested to decide the present writ petition directing the Tehsildar, Roorkee, District Haridwar to decide the Case No.2653 of 20-21, Case No.2754 of 20-21 and Case No.2755 of 20-21 within 90 days.

The present writ petition is disposed of on the request of both the parties with a direction to the Tehsildar, Roorkee, District Haridwar to expedite the proceedings of the Case No.2653 of 20-21, Case No.2754 of 20-21 and Case No.2755 of 20-21 and decide the same, as expeditiously as possible, on their merits without being influenced by any earlier order, but not later than 90 days from the date of production of the certified copy of this order.

The effect and operation of the order dated 22.09.2021, passed by the Revenue Inspector, Roorkee, District Haridwar are kept in abeyance till disposal of the said three mutation cases.