Allahabad High Court
KRISHAN KANHAIYAversusSTATE OF U.P. AND 10 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court directed the respondent to decide the pending mutation case expeditiously within six months, without expressing any opinion on the merits.
Summary
The petitioner, Krishan Kanhaiya, filed a writ petition under Section 34 of the Uttar Pradesh Revenue Code, 2006, seeking a mandamus directing the respondent (Nayab Tehsildar, Tehsil Hata) to decide a pending mutation case (No. 6825 of 2025) that had been delayed since 2025 despite several dates being fixed. The petitioner argued that the delay was unjustified and requested an expeditious, day‑to‑day hearing. The Court, after hearing counsel, declined to comment on the merits of the mutation dispute but ordered the respondent to decide the case within six months of the certified copy of the order, ensuring service and a hearing opportunity, and to avoid unnecessary adjournments. The order emphasized that the petition itself would not remain pending. Consequently, the writ petition was disposed of with a directive for prompt adjudication of the mutation case.
Issues considered
- Whether a writ of mandamus can be issued under Section 34 of the Uttar Pradesh Revenue Code, 2006, to compel a revenue officer to decide a pending mutation case.
- Whether the court can prescribe a specific time‑frame for the decision of the mutation case.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 34
Subjects
- mandamus
- mutation case
- Uttar Pradesh Revenue Code
- Section 34
- writ petition
- administrative law
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17345 of 2026
Krishan Kanhaiya
.....Petitioner(s)
Versus
State Of U.P. And 10 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kamalesh Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the
State and perused the record.
2. The instant writ petition has been filed for the following relief:
"Issue a direction in the nature of mandamus the respondent No.2 to
decide the Mutation Case No. 6825 of 2025 Computer Case No.
T202505440206825 (Krishan Kanhaiya Versus Shivdhari) Pending
before Nayab Tehsildar, Tehsil Hata, District Kushinagar), under Section
34 of Uttar Pradesh Revenue Code 2006, within the time so granted by
this Hon'ble Court. Expeditiously, preferably day to day of hearing basis,
as contained in (Annexure No. 2) to the PETITION."
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 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
WRIC No. 17345 of 2026
2
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.
(Manish Kumar Nigam,J.)
May 5, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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