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Allahabad High Court

MAHENDRA PRASAD MISHRAversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court ordered the respondent authority to decide the pending mutation case expeditiously, within six months, thereby granting the writ of mandamus.

Summary

The petitioner, Mahendra Prasad Mishra, filed a writ petition under Article 226 seeking a mandamus directing the revenue authority to decide a pending mutation case (No.19215 of 2025) before the Tehsildar of Dumariyaganj. The petitioner argued that despite several dates being fixed, the case remained undecided, causing undue delay. The Court examined the petition and found that keeping the writ petition pending served no useful purpose. Consequently, the Court disposed of the petition and issued a direction to the respondent authority to decide the mutation case expeditiously, preferably within six months, after serving all parties and without unnecessary adjournments. The order emphasizes compliance with the statutory provisions of the Uttar Pradesh Revenue Code and aims to prevent further delay in the resolution of the mutation matter.

Issues considered

  • Whether a writ of mandamus can be issued to compel the revenue authority to decide a pending mutation case under the Uttar Pradesh Revenue Code.
  • Whether the delay in deciding the mutation case violates the statutory time limits prescribed under Sections 34 and 35 of the Uttar Pradesh Revenue Code.

Legislation cited

Subjects

  • writ of mandamus
  • mutation case
  • Uttar Pradesh Revenue Code
  • administrative delay
  • expeditious disposal

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                 WRIT - C No. - 17515 of 2026

                                    Mahendra Prasad Mishra
                                                                                                            .....Petitioner(s)
                                                                              Versus
                                    State Of U.P. And 2 Others
                                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)                    :     Ambrish Kumar, Mujiburrahman
                                    Counsel for Respondent(s)                    :     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:

                                    "(I) Issue a writ, order or direction in the nature of mandamus to direct the concerned
                                    respondent authority to decide the Mutation Case No.19215 of 2025 (Old No.00480 of
                                    2021) (Computerized No.T202517630419215) (Old No. T202117630400480)
                                    (Narendra Prasad Mishra Vs. Rajmati Devi) under Section 34/35 of U.P. Revenue
                                    Code, 2006 pending in the Court of Tehsildar, Tehsil-Dumariyaganj District-
                                    Siddharth Nagar, within stipulated period fixed by this Hon'ble Court."

                                    3. Contention of the learned counsel for the petitioner is that aforementioned case is
                                    pending conisderation 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 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.



                                    May 5, 2026
                                    Nitika Sri.
                                                                                                 (Manish Kumar Nigam,J.)




Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad


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