Allahabad High Court
KAUSHALYA DEVIversusSTATE OF UP AND 2 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The High Court directed the Tehsildar to dispose of the pending mutation application within three months, without expressing any view on the merits.
Summary
The petitioner filed a writ petition seeking a direction to the Tehsildar of Padrauna to decide a pending mutation application (Case No.3077 of 2022) expeditiously. The petitioner argued that under sub‑rule (7) of Rule 34 of the U.P. Revenue Code Rules, 2016, the Tehsildar must dispose of undisputed mutation cases within 45 days and disputed cases within 90 days, and the application had been pending for an inordinate period. The Court noted the statutory time‑bound requirement and, after hearing counsel, issued a direction that the Tehsildar decide the matter on its merits within three months of the order, barring unnecessary adjournments. The Court expressly declined to express any opinion on the merits of the underlying dispute. Consequently, the writ petition was disposed of without further orders.
Issues considered
- Whether the Tehsildar can be directed by the High Court to decide a pending mutation application within the time limits prescribed under Rule 34(7) of the U.P. Revenue Code Rules, 2016.
Legislation cited
- U.P. Revenue Code Rules, 2016 — s. Rule 34(7)
Subjects
- mutation
- U.P. Revenue Code Rules
- Rule 34
- Tehsildar
- time limit
- writ petition
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 10097 of 2026
Kaushalya Devi
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ankit Mishra, Vikas Mishra
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for
the respondent-State and perused the record.
2. In view of the order proposed to be passed herein, no useful purpose
would be served by putting the private respondent to notice and keeping
this petition pending before this Court. However, in case the private
respondent feels aggrieved by the order his/her right to seek
modification/variation of the order is being kept reserved.
3. The petitioner has preferred present petition with the prayer to direct
the respondent no.2-Tehsildar, Tehsil-Padrauna, Mandal Gorakhpur,
District Kushinagar to decide Case No.3077 of 2022, Computer Case
No.T202205440103077 expeditiously.
4. Learned counsel for the petitioner would submit that an application
filed under sub-rule (7) of Rules 34 of the U.P. Revenue Code Rules,
2016, is pending since long. At this stage it would be apt and appropriate
to note sub-rule (7) of Rules 34 of the U.P. Revenue Code Rules, 2016,
which mandates that upon such an application being filed, the authority
concerned would be required to dispose of the same within time bound
period strictly in accordance with law. Sub-rule (7) of Rules 34 of the
U.P. Revenue Code Rules, 2016,
"(7). The Tahsildar shall make an endeavor to decide the
undisputed case of mutation within the period of 45 days from the
date of the registration of the case and the disputed case of mutation
within the period of 90 days and if the proceeding is not concluded
within such period the reason for the same shall be recorded.
WRIC No. 10097 of 2026
2
5. In the teeth of the said provision and also in the light of the submissions
made by the learned Advocates appearing for the parties, a direction is
being issued to the authorities to take up the said application and dispose
of the same on its own merits strictly in accordance with law most
expeditiously and preferably within a period of three months from the
date of production of certified copy of this order but without granting
unnecessary adjournment unless there is no legal impediment.
6. With the aforesaid observations, the writ petition is disposed of.
7. It is made clear that this Court has not expressed any opinion on the
merits of the rival submissions.
(Prakash Padia,J.)
March 18, 2026
Pramod Tripathi
Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad
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