Allahabad High Court
INDU DEVIversusSTATE OF U.P. AND 7 OTHERS
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The petition is infructuous and must be dismissed because the mutation has already been completed.
Summary
The petitioner, Indu Devi, filed a writ petition seeking a mandamus directing the Tehsildar of Gyanpur to mutate a revenue order dated 24-10-2024 and restore her name in the khatauni for a specific plot of land. The petition relied on Section 219 of the Land Revenue Act, 1901, alleging that the mutation had not been effected. The respondent State of U.P. contended that the mutation proceedings had already been concluded and the entry made in the khatauni. The learned counsel for the petitioner admitted that the mutation had indeed been completed, rendering the relief sought moot. Consequently, the Court held that the petition was infructuous and disposed of it without further orders.
Issues considered
- What relief can be granted by a writ of mandamus to direct mutation of a revenue entry under Section 219 of the Land Revenue Act, 1901?
- Whether the petition remains maintainable when the relief sought has already been effected?
Legislation cited
- Land Revenue Act, 1901 — s. 219
Subjects
- mutation
- land revenue
- mandamus
- khatauni
- infructuous petition
- Section 219
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 580 of 2026
Indu Devi
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Kumar Singh, Sanjay Kumar
Shukla
Counsel for Respondent(s) : C.S.C.
Court No. - 34
(Sl.No.20) Transfer of Court No.51
HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Sri Ajay Kumar Singh, learned counsel for the petitioner and Sri
Muneshwar Singh, learned Standing Counsel for the State.
2. The instant petition has been filed with the following prayers:
"I. Issue a writ, order or direction in the nature of mandamus directing
the Tehsildar, Tehsil Gyanpur, district- Bhadohi to mutate the order
dated 24.10.2024, passed by Board of Revenue in Revision No. 3893 of
2024 (Indu Devi Vs State of U.P. through collector Bhadohi) under
section 219 of the Land Revenue Act 1901, in the khatauni and also
restore the name of the petitioner in the Khatauni on the Gatta No. 614,
measuring as area 0.489 hect, situated at village- Akodha, Tehsil
Gyanpur, District- Bhadohi within specified period as stipulated by this
Hon'ble Court."
3. Learned counsel for the petitioner submits that the mutation
proceedings have already been decided and mutation has already been
done, therefore, the instant petition has become infructuous.
4. In such view of the matter, the instant petition is disposed of as
infructuous.
(Anish Kumar Gupta,J.)
September 8, 2026
Ashish Pd.
Digitally signed by :-
ASHISH PRASAD
High Court of Judicature at Allahabad
Checking your session…