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Allahabad High Court

ISTHAR AHMADversusSTATE OF UP AND 3 OTHERS

Decided

Holding

The Court directed the Tehsildar to decide the pending mutation case within six months, without expressing any opinion on the merits.

Summary

The petitioner, Isthar Ahmad, filed a writ petition seeking a mandamus directing the Tehsildar of Tehsil Sadar, Maharajganj to decide a pending mutation case (No. 22703 of 2024) under Section 34 of the U.P. Revenue Code, 2006. The petitioner alleged undue delay despite several dates being fixed. The Court, after hearing counsel, declined to comment on the merits of the mutation dispute but ordered the Tehsildar to decide the case expeditiously, preferably within six months of the certified copy of the order, and to avoid unnecessary adjournments. The direction was issued subject to service on all parties and an opportunity of hearing. The petition was consequently disposed of finally with the mandated direction.

Issues considered

  • Whether the Tehsildar's delay in deciding the mutation case violates the statutory time limits under Section 34 of the U.P. Revenue Code, 2006.
  • Whether a writ of mandamus can be issued to compel the Tehsildar to decide the pending mutation case.

Legislation cited

Subjects

  • mutation
  • mandamus
  • writ petition
  • U.P. Revenue Code
  • administrative delay
  • Uttar Pradesh

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
                    WRIT - C No. - 17404 of 2026



Isthar Ahmad
                                                    .....Petitioner(s)
                               Versus

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

Counsel for Petitioner(s)         : Abhay Kumar, Akash Kumar
                                    Verma
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 writ order or direction in the nature of mandamus
     directing the Respondent No.2 Tehsildar, Tehsil Sadar
     District Maharajganj to decide Mutation Case no. 22703 of
     2024 (Computerize case No. T202405470122703), (Isthar
     Ahmad Vs. Jitendra), Under Section 34 of U.P. Revenue
     Code, 2006, within stipulated period of time fixed by this
     Hon'ble Court."

3. Learned counsel for the petitioner states that the aforesaid
mutation case is pending since 2024. 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. 17404 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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