Allahabad High Court
SITA PATIversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The court directed the second respondent to decide the pending mutation case within six months, thereby granting the relief sought in the writ petition.
Summary
Petitioner Sita Pati filed a writ petition seeking a mandamus directing the second respondent to decide a pending mutation case (No. 4672 of 2025) concerning land in Basti district, under Section 34 of the Land Revenue Code, 2006. The petitioner argued that the case had been pending since 2025 and that further delay would cause irreparable loss. The court noted that keeping the writ petition pending served no useful purpose while the mutation case remained undecided. Consequently, the court disposed of the writ petition and issued a direction to the second respondent to decide the mutation case expeditiously, preferably within six months of the order, after serving notice and providing a hearing. The order was signed by Justice Manish Kumar Nigam on May 6, 2026.
Issues considered
- Whether a writ of mandamus can be issued to compel the revenue authority to decide a pending mutation case under Section 34 of the Land Revenue Code, 2006
- Whether the delay in deciding the mutation case amounts to irreparable loss warranting expeditious adjudication
Legislation cited
- Land Revenue Code — s. 34
Subjects
- writ petition
- mandamus
- mutation case
- Land Revenue Code 2006
- section 34
- delay
- expeditious decision
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17618 of 2026
Sita Pati
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pankaj Kumar Shukla
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :-
"Issue a suitable writ order or direction in the nature of mandamus
commanding the respondent no.2 to decide the Mutation Case no 4672 of
2025 computer case no. T202517140104672 (Sita Pati Vs. Jai Pata)
under section 34 of Land Revenue code 2006 regarding to land situated
Village-Nedula, Tappa Sikander pur, Pargana Amodha, Tehsil-Harriya,
District- Basti. As possible with in two months otherwise petitioner shall
suffer irreparable loss and injury."
3. Learned counsel for the petitioner submitted that the above-mentioned case
is pending consideration since 2025 and the same has not been decided till
date. Learned counsel prayed that the same may be decided, expeditiously.
4. Since the above-mentioned case is pending, no useful purpose would be
served in keeping this petition pending.
5. In view of the above, this writ petition stands disposed of with a direction to
respondent no.2 to decide the above-mentioned case, in accordance with
law, expeditiously, preferably within six months from the date of production of
a certified copy of this order, after ensuring service of notice upon all the
respondents and providing opportunity of hearing to all the concerned parties
provided there is no other legal impediment.
May 6, 2026
Rishabh
(Manish Kumar Nigam,J.)
Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad
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