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Judgment
Vishal Mishra, J
This petition under Article 226 of the Constitution of India has been filed challenging the order dated 27.01.2022 (Annexure P-1), passed by the
respondent no.4; whereby the right to file objection and reply before the Tahsildar have closed and the application filed by the petitioner under Section
151 of CPC has been rejected.
It is submitted that the next date of hearing before the Tahsildar for arguments is 04.02.2022. An innocuous prayer is made that a last opportunity be
granted to the petitioner to file the documents and objection before the Tahsildar and that may be considered. He fairly submits that although some
opportunity was granted but he could not avail the benefit of the same. As a matter of last indulgence, he prays for one more opportunity.
Counsel appearing for the State although has opposed the maintainability of the petition on the ground of availability of alternative remedy to the
petitioner, but the fact remains that no final order has been passed by the Tahsildar in the matter and the proceedings of mutation are still pending
consideration. Directing for filing of an appeal will multiply the proceedings.
In such circumstances, it is observed that the matter can be sort out by granting another opportunity as a last opportunity to the petitioner to file his
defence before the Tahsildar by making his appearance along with all the relevant documents on 04.02.2022 as the next date before the Tahsildar is
04.02.2022. The aforesaid last opportunity is being granted subject to payment of cost of Rs.500/- to be deposited by tomorrow before the concerning
Tahsildar itself.
With the aforesaid observation, petition stands disposed of. No further opportunity shall be granted.
Certified copy today.