Allahabad High Court
LAXMI DEVIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court directed the revenue officer to decide the pending mutation case within six months, issuing a mandamus to compel expeditious disposal.
Summary
Petitioner Laxmi Devi filed a writ petition seeking a mandamus directing the revenue officer (respondent No.2) to decide a pending mutation case (Case No. 685 of 2020) under Section 34 of the Revenue Code, 2006, which had been pending since 2020 despite multiple dates being fixed. The petitioner argued that the delay violated her right to have the mutation order passed. The Court observed that the petition had no further purpose in remaining pending and ordered the respondent to decide the case expeditiously, preferably within six months of the certified copy of the order, after serving all parties and without unnecessary adjournments. The order also required the respondent to ensure a hearing to the concerned parties. The petition was consequently disposed with the direction to the revenue officer.
Issues considered
- Whether the High Court can issue a writ of mandamus directing a revenue officer to decide a pending mutation case under Section 34 of the Revenue Code, 2006.
- Whether the undue delay in deciding the mutation case warrants judicial intervention.
Legislation cited
- Revenue Code, 2006 — s. 34
Subjects
- writ petition
- mandamus
- mutation
- revenue record
- delay
- Section 34 Revenue Code
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 15344 of 2026
Laxmi Devi
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sandeep Kumar Dwivedi
Counsel for Respondent(s) : C.S.C., Sudhir Bharti
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner and perused the record.
2. The instant writ petition has been filed for following relief:
" (i) Issue a writ order or direction in the nature of mandamus commanding and
directing to the respondent no.2 to decide the Case No. 685 of 2020 Computrized
Case No. T202005310700685 (Smt. Laxmi Devi v/s Dinesh Mishra) under section 34
Revenue Code, 2006 pending before him since 2020 for mutation of the name of the
petitioner in revenue record forthwith or within stipulated period as fixed by this
Hon'ble court."
3. Contention of the learned counsel for the petitioner is that aforementioned case is
pending since 2020 and the same has not been decided despite several dates have been
fixed. He prayed that the same may be decided, expeditiously.
4. In view of above, no useful purpose would be served in keeping this petition
pending.
5. Accordingly, the present petition stands disposed of finally with a direction to the
respondent No. 2 to consider and decide the aforementioned case, in accordance with
law, expeditiously, preferably within a period of six months from the date of
production of a certified copy of this order after ensuring service upon all the opposite
parties, giving opportunity of hearing to the parties concerned and without granting
unnecessary adjournments to either of the parties provided that there is no other legal
impediment.
April 23, 2026
Nitika Sri.
(Manish Kumar Nigam,J.)
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
Checking your session…