Allahabad High Court
DHANESH KUMAR UPADHYAYversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court ordered the Nayab Tehsildar to decide the pending mutation suit expeditiously within six months, effectively granting the writ of mandamus.
Summary
The petitioner filed a writ petition seeking a mandamus directing the Nayab Tehsildar of Panasa to decide a pending mutation suit (case no. 15878 of 2024) under Section 34 of the U.P. Revenue Code, 2006. The petitioner argued that the suit had been pending since 2024 despite several dates being fixed, causing potential irreparable loss. The court examined the petition and found no merit in keeping the petition pending. Consequently, the court disposed of the petition and directed the respondent to decide the mutation suit expeditiously, preferably within six months of the order, after serving all parties and without unnecessary adjournments. The order emphasizes adherence to law and timely disposal of the revenue matter.
Issues considered
- Whether the High Court can issue a writ of mandamus directing the Nayab Tehsildar to decide a pending mutation suit under Section 34 of the U.P. Revenue Code, 2006.
- Whether the delay in deciding the mutation suit amounts to irreparable loss warranting expeditious disposal.
Legislation cited
- U.P. Revenue Code, 2006 — s. 34
Subjects
- writ petition
- mandamus
- mutation suit
- U.P. Revenue Code
- administrative law
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17482 of 2026
Dhanesh Kumar Upadhyay
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Narendra Kumar Pathak
Counsel for Respondent(s) : Azad Rai, C.S.C.
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:
" (1)Issue a writ, order or direction in the nature of mandamus directing the
respondent no.2 i.e. The Nayab Tehsildar Panasa, Tehsil Karchhana,
District Prayagraj to decide the proceeding of mutation suit по. 15878 of
2024 (Computerized case no. T20242030515878 (Chandra Shekhar
Upadhyay Versus Arun Kumar Upadhyay) under section 34 of U.P. Revenue
Code, 2006 pending in the court of the The Nayab Tehsildar Panasa, Tehsil
Karchhana, District Prayagraj, expeditiously if possible within stipulated
period fixed by this Hon'ble Court, otherwise the applicant shall suffer
irreparable loss and injury. And/or to pass such other and further order
which this Hon'ble Court may deem fit and proper under the facts and
circumstances of the case."
3. Contention of the learned counsel for the petitioner is that aforementioned
case is pending since 2024 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 respondent No. 2 to consider and decide the aforementioned
WRIC No. 17482 of 2026
2
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.
(Manish Kumar Nigam,J.)
May 5, 2026
Nitika Sri.
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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