Allahabad High Court
KASHI PRASAD DUBEY AND ANOTHERversusSTATE OF UTTAR PRADESH AND 2 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Board of Revenue is directed to decide the pending revision within six weeks, thereby granting the petition for mandamus.
Summary
The petitioners filed a writ petition seeking a mandamus directing the Board of Revenue, Uttar Pradesh, to decide Revision No. 563/2010-2011 concerning a land mutation case that had been pending since 2010-2011. The petition alleged an inordinate delay of over fifteen years in adjudicating the revision filed under Section 34 of the U.P. Land Revenue Act, 1901. The Court, without delving into the merits of the underlying dispute, examined whether the Board had failed to comply with its statutory duty under Section 210 of the same Act. It held that the Board must decide the pending revision expeditiously, granting the petitioners' relief. Accordingly, the Court directed the Board to pass a decision within six weeks of receiving a certified copy of the order, after giving parties an opportunity of hearing, and disposed of the writ petition.
Issues considered
- Whether the Board of Revenue's delay in deciding the revision filed under Section 34 of the U.P. Land Revenue Act, 1901 violates its statutory duty under Section 210.
- Whether a writ of mandamus is an appropriate remedy to compel the Board to decide the pending revision.
Legislation cited
- U.P. Land Revenue Act, 1901 — s. 210, 34
Subjects
- mandamus
- writ petition
- Board of Revenue
- delay
- land revenue
- revision
- Section 210
- U.P. Land Revenue Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 1021 of 2026
Kashi Prasad Dubey And Another
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajeev Giri
Counsel for Respondent(s) : C.S.C.
Court No. - 55
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Ms. Toshiva Singh, learned Counsel holding brief of Mr.
Rajeev Giri, learned counsel for the petitioners and learned Standing
Counsel for the State-respondents.
2. The instant petition has been filed for the following reliefs:
"a) Issue, a writ order or direction in the nature of mandamus
commanding and directing the Respondent No. 2 to decide the
Revision No. 563/2010-2011 (Satendra Kumar Tiwari Vs. Kashi
Prasad and others), Computer Case No. R-201016650043432, under
Section 210 of The U.P. Land Revenue Act, 1901, Mandal
Vindhyachal, District- Sant Ravidas Nagar, Bhadohi, pending before
Board of Revenue within stipulated time period."
3. Learned counsel for the petitioner submitted that the revision filed
by respondent no.3 impleading the petitioners as opposite party
arising out of proceeding under Section 34 of U.P. Land Revenue
Act, 1901 is pending before respondent no.2/ Board of Revenue
since 2010-2011. She placed the order sheet of the pending
proceeding in order to demonstrate that revision arising out of
mutation is pending for last more than 15 years before the Board of
Revenue, U.P. at Lucknow.
4. Without expressing any opinion on merits of the case and
keeping in view of the facts and circumstances, respondent no.2/
Board of Revenue, U.P. at Lucknow is directed to decide the
WRIB No. 1021 of 2026
2
aforementioned case after giving an opportunity of hearing to the
parties in accordance with law expeditiously preferably within a
period of six weeks from the date of production of certified copy of
this order before him.
5. Accordingly, the writ petition is finally disposed of.
(Chandra Kumar Rai,J.)
March 19, 2026
Rameez
Digitally signed by :-
RAMEEZ AHMED
High Court of Judicature at Allahabad
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