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Allahabad High Court

KAMLA DEVI AND 4 OTHERSversusSTATE OF UP AND 3 OTHERS

Decided

Holding

The Court issued a mandamus directing the Tehsildar to decide the mutation case within six months, subject to service of notice and hearing.

Summary

Petitioner Kamla Devi and others filed a writ petition seeking a mandamus directing the Tehsildar of Tilhar to dispose of a pending mutation case (Case No. 14180 of 2025) under Sections 34 and 35 of the Uttar Pradesh Revenue Code, 2006. The petition alleged undue delay despite several dates being fixed. The Court, after hearing counsel, noted that the petition served no useful purpose if left pending and, without addressing the merits of the underlying dispute, ordered the Tehsildar to decide the mutation case expeditiously, preferably within six months of the order, after serving all parties and without unnecessary adjournments. The order was signed on May 5, 2026, thereby disposing of the petition.

Issues considered

  • Whether the High Court can issue a writ of mandamus directing the Tehsildar to dispose of a pending mutation case within a stipulated time

Legislation cited

Subjects

  • mandamus
  • mutation
  • U.P. Revenue Code
  • administrative delay
  • writ petition
  • expeditious disposal

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
                    WRIT - C No. - 17341 of 2026



Kamla Devi And 4 Others
                                                       .....Petitioner(s)
                               Versus

State Of Up And 3 Others
                                                       .....Respondent(s)

Counsel for Petitioner(s)          : Mukti Nath Dwivedi
Counsel for Respondent(s)          : C.S.C., Sher Bahadur Singh

Court No. - 36


           HON'BLE MANISH KUMAR NIGAM, J.

1. Heard learned counsel for the parties, learned Standing
Counsel for the State and perused the record.

2. The instant writ petition has been filed for the following relief:

     "Issue a writ, order or direction in the nature of
     MANDAMUS directing the respondent no. 2 i.e. Tehsildar,
     Tehsil Tilhar, District Shahjahanpur to conclude and
     disposed of the mutation case bearing Case No. 14180 of
     2025, Computerized Case No. T202512610314180 (Ram
     Kishor and others Vs. Dharam), U/s 34/35 of U.P. Revenue
     Code, 2006 pending before him within stipulated time fixed
     by this Hon'ble Court may deem fit and proper."

3. Learned counsel for the petitioner states that the aforesaid
mutation case is pending since 2025. It is further contended that
several dates have been fixed but the same has not been decided
yet. He prayed that the same may be decided, expeditiously.

4. No useful purpose would be served in keeping this petition
pending.

5. Considering the facts and circumstances of the case, without
expressing any opinion on the merits of the case, the present
                                                                                           WRIC No. 17341 of 2026
                                                                  2


                                        petition stands disposed of finally with a direction to 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 and
                                        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.




                                        May 5, 2026                           (Manish Kumar Nigam,J.)
                                        Ved Prakash




Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad


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